Patna High CourtCR. MISC./51713/2023bail granted

Umesh Yadav v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51713 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- AANDAR District- Siwan ====================================================== UMESH YADAV SON OF JALESHWAR YADAV RESIDENT OF VILLAGE BHAWRAJPUR, PO BHAWRAJPUR, PS- ANDAR DISTSIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

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) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 333 liters of liquor from a carton found behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of police merely for the reason that

Patna High Court CR. MISC. No.51713 of 2023(2) dt.08-08-2023 2/2 alleged recovery was from a place which is adjacent to his house. It is further submitted that the place from where the alleged recovery is made does not belong to him and is accessible to public at large.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Andar P.S. Case No. 126 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T