Lakshman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57061 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- ARER District- Madhubani ====================================================== Lakshman Yadav, Son Of Badri Yadav, Village Arraha, Ward No. 6, PsJainagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Arer P.S. Case No. 29 of 2022 registered for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is that 7.2 litres Nepali liquor was recovered from the motorcycles of the petitioner on which co-accused Mahesh Kumar Yadav was riding.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery is not made from possession of the petitioner and the seized motorcycle was sold by the petitioner to one Mahesh
Patna High Court CR. MISC. No.57061 of 2023(2) dt.30-08-2023 2/2 Kumar Yadav who was arrested on the spot. Petitioner has no criminal antecedent and he is aged about 71 years.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Arer P.S. Case No. 29 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T