Tezu Yadav @ Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57868 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Tezu Yadav @ Pravesh Yadav Son Of Ramjit Yadav Village Bhagwanpur, Siurajpur, Ps Nautan, District West Champaran At Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devashish Giri, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Jadopur P.S.Case No. 86 of 2023 instituted under Section 414 of the Indian Penal Code and section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 45.03 liters foreign liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Pappu Kumar Yadav. The petitioner has no concern with the co-accused

Patna High Court CR. MISC. No.57868 of 2023(2) dt.05-09-2023 2/2 or the seized motorcycle. There is no recovery from the conscious possession of the petitioner and the petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned 4th Additional Sessions Judge-II cum Special Judge Excise, Gopalganj in connection with Jadopur P.S.Case No. 86 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U T