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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50269 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Dilip Yadav @ Dilip Kumar Yadav Son of Lalan Yadav Resident of VillCheckpost Sonkhar, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ramnagar P. S. Case No. 142 of 2024 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 58 litres of country made liquor from the north side of the petitioner's house beneath the palm tree.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from conscious possession of the petitioner or from the house of the petitioner. The seizure has been made from open

Patna High Court CR. MISC. No.50269 of 2024(3) dt.06-09-2024 2/2 place, which is accessible to all. It is submitted that coaccused, namely, Janak Kumar @ Janak Yadav has been granted anticipatory bail by this Court vide order dated 20-07-2024 passed in Cr. Misc. No. 43939 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for anticipatory bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran, in Ramnagar P. S. Case No. 142 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U