Rajendra Yadav @ Rajendra Prasad Jawad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51846 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== RAJENDRA YADAV @ RAJENDRA PRASAD JAWAD SON OF LATE ROHAN YADAV @ SOHAN YADAV RESIDENT OF VILLAGE - MASTANGANJ, P.S. - NEMDARGANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Pushpa Sinha 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024

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 offences punishable under Sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 100 litres of liquor along with 1000 litres of fermented Mahua from the side wall of boring room of Harkhu Yadav.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and he has no relation or concern with Harkhu Yadav. It is further

Patna High Court CR. MISC. No.51846 of 2024(2) dt.01-08-2024 2/2 submitted that petitioner came to be implicated at the instance of the Chawkidar with whom he is no an inimical term.

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

7. Considering the submissions made by the learned counsel for the petitioner, let 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.15,000/- (Rupees Fifteen Thousand) 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 Nemdarganj P.S. Case No. 91 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than three cases in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Kundan/- U T