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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49805 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Lalit Kumar Yadav @ Lalit Yadav son of Shital Yadav R/v- Khutwara PsSadar Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 45.9 litres of liquor from the field of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large. It is next submitted that this shows that how the police in a mechanical manner implicates. It is next submitted that no

Patna High Court CR. MISC. No.49805 of 2024(2) dt.25-07-2024 2/3 prudent person would use his own field for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner came to be implicated based on secret information which is the easiest way to implicate someone, when petitioner admittedly is a person with clean antecedent.

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

5. 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.500/- (Rupees five hundred) 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 Excise Sadar P.S. Case No.217/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.49805 of 2024(2) dt.25-07-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T