Prem Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40969 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Prem Shankar Yadav Son of Raghuvir Rai @ Raghuvir Yadav R/O Vill.- Kudarkat, P.S.- Chhauradano, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Chhauradano P.S. Case No. 72 of 2024 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, total 191.4 liters of Nepali liquor was recovered near Tiyar river.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has come into light on the basis of confessional statement of apprehended coaccused. Petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.40969 of 2024(2) dt.26-06-2024 2/2 liquor. No incriminating article has been recovered from the conscious possession of the petitioner. Moreover, petitioner has four criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the FIR and having four criminal antecedents of similar nature. Hence, the petitioner does not deserve anticipatory bail. The co-accused has granted regular bail by this Court vide order dated 13.05.2024 passed in Cr. Misc. No. 36293 of 2024.

6. Considering the aforesaid facts and circumstances of the case and the criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7. The prayer is rejected.

8. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the Court below on its own merit without being prejudiced by this order of rejection.

(Rudra Prakash Mishra, J) Arish/- U T