Dev Narayan Yadav @ Chotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53914 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Dev Narayan Yadav @ Chotu Yadav Son Of Sundeshwar Yadav R/O VillageBehatwara, Ps- Keoti, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Keoti P.S. Case No. 114 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code read with Sections 30(a), 32 and 41 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 4484.25 litres of liquor from a truck.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Shankar Ram and

Patna High Court CR. MISC. No.53914 of 2023(2) dt.18-08-2023 2/2 Ram Kumar Yadav in police custody which does not have any evidentiary value, it is next submitted that it appears that the police in order to save the real culprits got the petitioner implicated by Shankar Ram and Ram Kumar Yadav because of his antecedents. It is also submitted that the petitioner is not the owner of the seized truck.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 35,000/- (Rupees Thirty Five 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 Keoti P.S. Case No. 114 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T