Santosh Yadav @ Santosh Kumar Yadave v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47927 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Santosh Yadav @ Santosh Kumar Yadave S/O Baiju Yadav R/O VillageMosimpur, Post- Saramohanpur, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 11.595 litres of Indian made Foreign Liquor from a plastic bag in scooty. The petitioner is owner of the alleged scooty.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has come only

Patna High Court CR. MISC. No.47927 of 2022(2) dt.11-11-2022 2/3 because he is the owner of the said scooty. It is also submitted that the petitioner has locked his scooty near the road side chowk, which is a public place. After sometime when the petitioner came, he did not find his scooty. It is further submitted that the present case has been lodged under the planned manner to implicate the petitioner and involved his scooty in this case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Darbhanga.

In the facts and circumstance 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st (Excise Act), Darbhanga in connection with Excise Case No. 251 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.47927 of 2022(2) dt.11-11-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority, Darbhanga.

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