Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65048 of 2022 Arising Out of PS. Case No.-202 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Amit Yadav @ Amit Kumar son of Gita Yadav R/O Village- Gosaidaspur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Nathnagar P. S. Case No. 202 of 2022 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 01 litres of countrymade liquor was recovered from a wheat field which was taken on lease by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired on the basis

Patna High Court CR. MISC. No.65048 of 2022(3) dt.25-02-2023 2/2 of the disclosure of Choukidar. The petitioner has no concern with the alleged recovery. The said wheat filed is open place and accessible to anyone. Learned counsel further submitted that no case is made out against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhagalpur in connection with Nathnagar P. S. Case No. 202 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T