Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57925 of 2021 Arising Out of PS. Case No.-168 Year-2017 Thana- JAMUI District- Jamui ====================================================== PRAKASH YADAV Son of Jovraj Yadav Resident of Village - Bukar, P.S.- Jamui, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending their arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and (c) of the Bihar Excise Act, 2016.

It is a case recovery of about 400 liters of country made Mahua liquor from a white colour of Tata Indigo vehicle. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery of any incriminating article from the conscious or constructive possession of the petitioner and the name of the petitioner has transpired on the basis of villagers and the petitioner has no concern with the

Patna High Court CR. MISC. No.57925 of 2021(2) dt.26-04-2022 2/2 seized liquor. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jamui in connection with Jamui P.S. Case No. 168 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T