Lalbabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45310 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== LALBABU YADAV Son of Late Arjun Yadav Resident of village - Kuadh Uttarbari Tol, ward no. 02, P.S. - Jaynagar, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023
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, 272, 414/34 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.
4. Allegation is of recovery of 135 litres of liquor from a motorcycle and 1125 litres of liquor from a Mango Orchard.
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 at the instance of the Chawkidar with whom he is on
Patna High Court CR. MISC. No.45310 of 2023(2) dt.20-07-2023 2/2 an inimical term. It is further submitted that petitioner is neither the owner of the Mango Orchard nor the alleged seized vehicle.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jaynagar P.S. Case No. 95 of 2023 (G.R. No. 381/2023), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T