Bittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32922 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== BITTU YADAV SON OF LATE GORAKH YADAV RESIDENT OF VILLAGE - GOLA GHAT, DUMARI, PS- YOGAPATTI DISTRICT -WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 147, 149, 323, 342, 353, 413, 414, 504, 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 5 litres of liquor from a stolen motorcycle and petitioner was arrested along with Raju Yadav but a crowd gathered and freed the petitioner from the police custody.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.32922 of 2023(2) dt.25-05-2023 2/2 further submitted that the petitioner was never arrested nor the liquor was recovered from the vehicle belongs to him. It is next submitted that the police in order to falsely implicate the petitioner made out a false case when admittedly petitioner is a person with clean antecedent.

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.1,000/- (Rupees One 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 Yogapatti P.S. Case No. 45 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T