Patna High CourtCR. MISC./55463/2023bail granted

Dipu Yadav @ Dipu Prasad v. The State Of Bihar

2023-08-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55463 of 2023 Arising Out of PS. Case No.-596 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== DIPU YADAV @ DIPU PRASAD Son of Saryoo Yadav Resident of village - Jobkala, P.S. - rajauli, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rajauli P.S. Case no. 596 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 .

3. As per the prosecution case, on information having been received and a raid being conducted, it is stated by the informant that three accused persons were caught and on inquiry they disclosed the name of five accused persons who managed to escape which included the petitioner herein.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his possession. The petitioner was falsely implicated in the case because of his

Patna High Court CR. MISC. No.55463 of 2023(2) dt.25-08-2023 2/2 antecedent.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 30 litre of country-made liquor from the bank of river and the petitioner neither having been arrested at the spot nor anything having been recovered from his possession, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks, be released on anticipatory bail in connection with Rajauli P.S. Case no. 596 of 2020 on furnishing bail bond of Rs 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Nawada.

(Partha Sarthy, J) Spd/- U T