Laltu Yadav @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54787 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== LALTU YADAV @ VIVEK KUMAR S/O LATE BHOLA YADAV Resident of village- Biranchiya, P.S.- Barhara, Distirct- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Sections 30(a), 41 and 47 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 294.720 litres liquor and one country made pistol from a white Tata Safari parked in the premises of Saurav Yadav. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that petitioner is not related to Saurav Yadav nor he is owner or driver of the alleged vehicle and he came to be implicated at the

Patna High Court CR. MISC. No.54787 of 2022(2) dt.18-10-2022 2/2 instance of villagers present at the place of occurrence but then the FIR does not disclose name of any of the villagers. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that apart from liquor even pistol was recovered from the alleged vehicle and it were the villagers who have taken the name of the petitioner. 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.

20,000/- (Rupees Twenty 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 Jankinagar P.S. Case No. 107 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his brother, Manoj Kumar Yadav.

(Satyavrat Verma, J) Rishi/- U T