Patna High CourtCR. MISC./56407/2023bail granted

Rajan Kumar @ Rajan Kumar Yadav v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56407 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== RAJAN KUMAR @ RAJAN KUMAR YADAV son of Ramji Choudhary Village- Batardeh Ps- Barauli Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

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), 47 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 459 liters of liquor from the asbestos house of Harendra Rai.

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 at the instance of chowkidar with whom he has no concern, it is next submitted that even the alleged recovery is

Patna High Court CR. MISC. No.56407 of 2023(2) dt.25-08-2023 2/2 from a house which does not belong to him and the petitioner is a resident of a different village but because of his antecedents, he came to be implicated.

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. 10,000/- (Rupees Ten 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 Barauli P.S. Case No. 283 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T