Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53255 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Ajay Yadav, aged about 28 years, Male, Son of Suman Yadav Resident of Village- Benwalia PS- Bihiya District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the State :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bihiya P.S. Case No. 75 of 2023 dated 26.03.2023 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is total recovery of 50 litres of country made liquor from the bank of the river. The allegation is that six persons were succeeded in fleeing away from the spot and the Chowkidar disclosed their names, including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no recovery from the possession of the petitioner
Patna High Court CR. MISC. No.53255 of 2023(2) dt.30-08-2023 2/2 and petitioner has no concern with the alleged recovery of the liquor. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Judge, Excise, Court No. I, Bhojpur, Arrah in Bihiya P.S. Case No. 75 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T