Patna High CourtCR. MISC./40148/2024bail granted

Ajay Kumar Yadav @Ajay Yadav v. The State Of Bihar

2024-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40148 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ajay Kumar Yadav @Ajay Yadav Son Of Sri Kameshwar Yadav Resident Of Village -Gadhiya Ps- Nauhatta District -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is apprehending his arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No. 223 of 2023 registered for the offence under Sections 30(a)/32 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner is the owner of a motorcycle on which, his brother Pappu Yadav was travelling and 131 litres of illicit liquor was recovered. Thereafter, one, Pappu Yadav was arrested and he has been granted bail vide order dated 15.05.2023 in Cr. Misc. No. 27362 of 2023.

4. It has been submitted by the learned counsel for the petitioner that though the motorcycle is registered in his name but his brother who was using the motorcycle and he has been involved in illegal activities for which, the petitioner

Patna High Court CR. MISC. No.40148 of 2024(2) dt.19-07-2024 2/2 should not be punished. The petitioner has no criminal antecedent.

5. Considering the aforesaid facts, this application for anticipatory bail is allowed.

6. Let the petitioner, above named, 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 Exclusive Excise Court No.2, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 223 of 2023.

(Sandeep Kumar, J) Guddu/- U T