Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31256 of 2022 Arising Out of PS. Case No.-77 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== AMAR YADAV Son of Rada Yadav Resident of Village - Ahiyapur, P.S. - Gopalpur, Dist.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 420 of the Indian Penal Code read with Sections 30(a), 35 and 38 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 35.400 liter of liquor from a sack from the bamboo clump situated in front of the house of one Hareram Yadav. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, further even the place from where the alleged discovery was made does not

Patna High Court CR. MISC. No.31256 of 2022(2) dt.16-08-2022 2/2 belong to the petitioner rather it is a place in front of the house of Hareram Yadav and the petitioner came to be implicated based on the disclosure made by the local people present at the place of occurrence for reasons best known to them. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalpur P.S. Case No. 77 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T