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Patna High CourtCR. MISC./79374/2018allowed

Anil Yadav @ Anil Kumar v. The State Of Bihar

2019-07-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79374 of 2018 Arising Out of PS. Case No.-565 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Anil Yadav @ Anil Kumar Son of Hulas Yadav Resident of villageKahudag, Police Station- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti P.S. Case No.565 of 2018 for the offence punishable under Sections 30(d), 38 and 47 of the Excise Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged vehicle from which recovery has been made does not belong to the petitioner and a statement to that effect has been made in paragraph 4 of the supplementary affidavit filed on behalf of the petitioner. The petitioner has not

Patna High Court CR. MISC. No.79374 of 2018(6) dt.10-07-2019 2/2 concern with the alleged recovery and the vehicle in question. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya in connection with Barachatti P.S. Case No.565 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T