Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40281 of 2022 Arising Out of PS. Case No.-233 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Ram Pravesh Yadav S/O Gosai Yadav R/O Village - Mahdewa, P.S.- Laukahi, District - Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laukahi P.S. Case no. 233 of 2021 instituted for the offence under Sections 272, 273, 34 of the Indian Penal Code & Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 108 liters country made liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery of illicit country made liquor or with the place of occurrence. It is further submitted that the petitioner, his father and his wife have falsely been made accused in this case for same offence which is

Patna High Court CR. MISC. No.40281 of 2022(3) dt.09-12-2022 2/2 not proper in the eye of law and the seizure list does not show the place of occurrence. The name of the petitioner transpired in this case on statement made by Chaukidar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with laukahi P.S. Case no. 233 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T