Fullo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46672 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== Fullo Yadav, Son Of Late Rasik Lal Yadav R/V- Haborwa Ward No. 6, P.S.- Larjhagat, Distt.- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024

1. Heard learned counsel for the petitioner and 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 Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5.88 litres of liquor from a place (Bhuskar) behind the house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even Bhuskar is a place which is outside the house and is accessible to villagers at large and it appears that someone inimical to the petitioner

Patna High Court CR. MISC. No.46672 of 2024(2) dt.04-07-2024 2/3 planted meager amount of liquor with a view to implicate and his family members. It is also submitted that petitioner is a senior citizen aged about 65 years and is a person with clean antecedent all throughout and all of a sudden came to be implicated in the instant case in a mechanical manner based on secret information, which is the easiest way to implicate someone.

5. Learned A.P.P. 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 Excise Court-1, Samastipur in connection with Larjhaghat P. S. Case No.14 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.46672 of 2024(2) dt.04-07-2024 3/3 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 application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T