Nagendra Yadav @ Nanhak Yadav @ Nanhak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49675 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Nagendra Yadav @ Nanhak Yadav @ Nanhak Son of Mukhtar Yadav Resident of village - Semra Nawada, Police Station-Jadopur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

1. Heard learned counsel for the petitioner as well as 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 Bihar Prohibition and Excise Act in connection with Yadopur P.S. Case No.98 of 2023.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 02 liters of liquor from dicky of a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.49675 of 2024(2) dt.24-07-2024 2/3 possession and is not the owner of the seized vehicle and he came to be implicated at the instance of the local villager, but then the name of the villager who disclosed the name of the petitioner is not disclosed in the FIR, which cast an aspersion in the case of the prosecution.

5. The learned APP for the State 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 Additional Sessions Judge-XIII-cumSpecial Judge Excise Court No.1, Gopalganj in connection with Yadopur P.S. Case No.98 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the 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 order shall not be given

Patna High Court CR. MISC. No.49675 of 2024(2) dt.24-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T