Saurabh Kumar @ Vikky Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54529 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- JADIA District- Supaul ====================================================== Saurabh Kumar @ Vikky Yadav Son of Ashok Yadav Resident of village - Kukurdhari, P.S.- Triveniganj, Dist.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in Jadiya P.S. case No. 300 of 2023 registered under Sections 467, 468, 471, 420, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that 226.5 liters liquor was recovered from Tata vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. The name of the petitioner has transpired on the basis of confessional statement of co-accused Jitendra Kumar. No
Patna High Court CR. MISC. No.54529 of 2024(2) dt.09-08-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the vehicle in question does not belong to the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Jadiya P.S. case No. 300 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T