Raja Ram Yadav @ Dara Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51757 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
RAJA RAM YADAV @ DARA YADAV SON OF BISHUN DEV YADAV RESIDENT OF VILLAGE - JAYNAGAR, P.S. - MANIGACHI, DISTRICT - DARBHANGA 2.
BISHUN DEV YADAV SON OF LATE SHIV YADAV RESIDENT OF VILLAGE - JAYNAGAR, P.S. - MANIGACHI, DISTRICT - DARBHANGA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shahnawaz Ali, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 12 litres of liquor from a plastic sack which was kept near the bathroom of the petitioner.
5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.51757 of 2023(2) dt.16-08-2023 2/2 recovered from their conscious possession and they came to be implicated at the instance of the police. It is further submitted that even the alleged recovery is from a place which is accessible to public at large when admittedly petitioners are persons with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manigachi P.S. Case No. 110 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T