Patna High CourtCR. MISC./63172/2023allowed

Jai Prakash Kumar Yadav @ Jai Prakash Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63172 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Jai Prakash Kumar Yadav @ Jai Prakash Kumar son of kailash Yadav VillageDhorha Ps- Barun Dist- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 332 of 2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 87.3 litres of foreign liquor from the road side near Jangli Bigha.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Petitioner was neither apprehended from the spot nor any incriminating article has been recovered from his possession. Petitioner has no concern with the seized liquor which was recovered from the public place. Petitioner has

Patna High Court CR. MISC. No.63172 of 2023(2) dt.17-10-2023 2/2 no criminal antecedent.

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) with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Barun P.S. Case No. 332 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) shweta/- U T