Sharvan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54059 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== SHARVAN YADAV S/o Anirudh Yadav Resident of Village- Chiknapatti, Ward No. 12, P.S.- Raghopur, Distt- Supaul.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Kumar Mehta For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raghopur P.S. Case no. 156 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 180 liters illicit country made liquor from the agricultural land of Sambhu Yadav.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of mere suspicion. He has got no criminal antecedent. Petitioner

Patna High Court CR. MISC. No.54059 of 2022(2) dt.16-11-2022 2/2 has no concern with the alleged recovery of illicit liquor or with the place of occurrence which is agricultural land. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Raghopur P.S. Case no. 156 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V Cum (Incharge) Supaul Judge Excise, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T