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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46806 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== ANIL YADAV @ANIL KUMAR YADAV SON OF BUNESHWAR YADAV RESIDENT OF VILLAGE- PARSA (HATHAPUR), PS- BASOPATTI, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 900 liters of liquor from a Tata Pickup van.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated being owner of the Tata Pickup van, it is next submitted that no prudent person would use his own vehicle for committing a crime and thus would create an evidence against

Patna High Court CR. MISC. No.46806 of 2023(2) dt.24-07-2023 2/2 himself and hence would get implicated easily, it is next submitted that the petitioner was completely unaware that Rajesh would misuse the vehicle in the manner as alleged who had purchased the vehicle from him and the petitioner was awaiting transfer.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajauli P.S. Case No. 67 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T