Patna High CourtCR. MISC./39452/2024bail granted

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

2024-06-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39452 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Abhishek Yadav @ Abhishek Kumar Yadav @ Abhishek Kumar Son of Late Bhim Yadav @ Bhimkeshari Yadav RESIDENT OF VILLAGE - HATHAUJI, P.S. - NAUTAN, DIST - SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in connection with Nautan P.S. Case No.212 of 2023.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 72 liters of liquor from a sack.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a sack which does

Patna High Court CR. MISC. No.39452 of 2024(2) dt.28-06-2024 2/3 not belong to the petitioner and he came to be implicated by the local people, but then the name of the person who disclosed the name of the petitioner is not recorded in the FIR, which cast an aspersion in the case of the prosecution, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Court No.II, Siwan in connection with Nautan P.S. Case No.212 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that 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 even one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.39452 of 2024(2) dt.28-06-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T