Virendra Yadav @ Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63950 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Virendra Yadav @ Birendra Yadav Son of Vanshi Yadav Resident of Village - Murgadha, P.S. - Madanpur, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Aman Vishal, Advocate For the State :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise (Amendment) Act.
3. As per prosecution case, 250 litres country made liquor has been recovered from an open place.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from conscious possession of this petitioner. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner has got one
Patna High Court CR. MISC. No.63950 of 2024(2) dt.30-09-2024 2/2 criminal antecedent of similar nature, in which he is already on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, Aurangabad (Bihar), in connection with Madanpur P.S. Case No. 148 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T