Shailesh Kumar @ Shailesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70965 of 2021 Arising Out of PS. Case No.-169 Year-2021 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

SHAILESH KUMAR @ SHAILESH PRASAD YADAV Son of Krishn Yadav @ Krishn Bhagwan Resident of Village - Chatru Bigha, P.S.- Hulasganj, District - Jehanabad.

2.

Ranjeet Kumar @ Chhotu @ Chhotu Kumar Son of Ganga Yadav Resident of Village - Chatru Bigha, P.S.- Hulasganj, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners, at the outset, submits that petitioner no.1 Shailesh Kumar @ Shailesh Prasad Yadav during pendency of the present anticipatory bail application was arrested as such the anticipatory bail application with respect to him has become infructuous thus seeks permission to withdraw the anticipatory bail application against petitioner no.1 Permission is accorded.

The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70965 of 2021(2) dt.24-06-2022 2/2 petitioner has antecedent of one case and allegation is of recovery of 100 litres of liquor from five different motorcycles. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and his name transpired in the confessional statement of apprehended co-accused Santan Kumar and Neeraj Kumar which has no evidentiary value. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hulasganj P.S. Case No. 169 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T