Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59894 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Suresh Yadav S/O Punyadev Yadav R/O Village- Baira Parsauni, Ps. Nautan, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 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.

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

3. The Petitioner is apprehending his arrest in connection with Nautan P.S. Case No. 150 of 2023 dated 01.05.2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

4. As per the prosecution case, 675.36 liters illegal liquor was recovered from the bank of Chandrawati River.

5. Learned cousnel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.59894 of 2023(2) dt.27-09-2023 2/2 this case. The petitioner was neither arrested on the spot nor any incriminating article was recovered from his conscious possession. The petitioner has no concern with the alleged recovery and the recovery has been made from the bank of the river which is an open place. The petitioner has one criminal antecedent in which he is granted bail as stated in para-3 of the bail petition.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Bettiah, East Champaran in Nautan P.S. Case No. 150 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Chandra Prakash Singh, J) N.K/- U T