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Patna High CourtCR. MISC./57415/2023allowed

Lalit Yadav v. The State Of Bihar

2023-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57415 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Lalit Yadav S/O Late Jagdish Yadav R/O Village- Basauli, P.SGhanshyampur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ghanshyampur P.S. Case No. 114 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1.5 litres of illicit foreign wine was recovered from the straw house.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to one criminal antecedent. He further submits that petitioner has never indulged in the trade of illegal wine or liquor business. Nothing has been recovered from the conscious possession of the petitioner. The alleged recovery was not belongs to the petitioner.

Patna High Court CR. MISC. No.57415 of 2023(2) dt.31-08-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of 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 Special Excise Judge, 2nd Darbhanga in connection with Ghanshyampur P.S. Case No. 114 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T