Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41412 of 2024 Arising Out of PS. Case No.-1253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== RAJ KUMAR YADAV SON OF BIRENDRA YADAV RESIDENT OF VILLAGE - SHANKAR SHARAIYA TOLA, PARSAUNA, P.S. - TURKAULIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024

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

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code as well as Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases.

4. Allegation is of recovery of 235 litres of spirit from a place near a canal situated next to the field of Jawahir Singh.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated in the instant case based on the secret information

Patna High Court CR. MISC. No.41412 of 2024(2) dt.28-06-2024 2/2 which is the easiest way to implicate some one. It is further submitted that petitioner is in custody since 08.04.2024 and similarly situated co-accused Ranjit Yadav has been granted the privilege of anticipatory bail by an order dated 10.05.2024 in Cr. Misc. No. 30164 of 2024.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkauliya P.S. Case No. 1253 of 2023.

(Satyavrat Verma, J) Kundan/- U T