Chandan Yadav @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41991 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== CHANDAN YADAV @ CHANDAN KUMAR SON OF DWARIKA YADAV RESIDENT OF VILLAGE - BARWA, P.S.- RAJAULI, DISTRICT - NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the State :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, 18 litres country made wine has been recovered from a motorcycle.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is neither owner nor driver of the vehicle in question. No incriminating article has been recovered from the conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. It is further submitted that petitioner has got no criminal antecedent of similar nature.
Patna High Court CR. MISC. No.41991 of 2024(2) dt.18-07-2024 2/2
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, the fact that no incriminating article has been recovered from the conscious possession of this petitioner and he has got no criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court-2, Nawada, in connection with Rajauli P.S. Case No. 171 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T