Keshav Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57674 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Keshav Kumar Yadav Son Of Shiv Kumar Yadav Resident of VillageGopalpur, P.S. Manigachhi, District Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner apprehend his arrest in connection with Manigachhi P.S. Case No. 30 of 2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 3844.440 liters of foreign liquor from different vehicles.
4. Learned counsel for the petitioner submits that due to five criminal antecedents petitioner has falsely been implicated in this case. Petitioner is neither the owner of the seized vehicle nor the seized liquor belong to the petitioner. He has been implicated in this case only on the basis of suspicion. Similarly situated accused persons, namely, Lalit Yadav and
Patna High Court CR. MISC. No.57674 of 2023(2) dt.13-09-2023 2/2 Pradip Kumar Yadav @ Pradeep Yadav have been granted anticipatory bail by a co-ordinate Bench of this Court vide orders dated 16.05.2023 and 25.05.2023 passed in Criminal Miscellaneous Nos. 27270 of 2023 and 33102 of 2023 respectively.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, ExciseII, Darbhanga in connection with Manigachhi P.S. Case No. 30 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T