Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 41063 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Raj Kumar Yadav SON OF SRI SUDAMA YADAV VILLAGE- BAISAHI, PS- MANJHAGARH, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Sager Sharma For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 7.7 liters of liquor from a bag allegedly thrown by the petitioner apart from other recoveries as detailed in the FIR.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and has no

Patna High Court CR. MISC. No. 41063 of 2024(2) dt.02-07-2024 2/3 concern with a bag from which the alleged recovery was made. It is next submitted that he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that it appears that the Chowkidar in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manjhagarh P.S. Case No. 32 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three

Patna High Court CR. MISC. No. 41063 of 2024(2) dt.02-07-2024 3/3 cases in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) shivam/- U