Satya Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66169 of 2024 Arising Out of PS. Case No.-388 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Satya Narayan Yadav S/o- Tanuk Lal Yadav Village- Bathanha PO-Belha Road PS- Ghoghardiha Distt-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Laukaha P.S. Case No. 388 of 2023 instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 11.5 litres of Nepali King Fisher liquor has been recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the name
Patna High Court CR. MISC. No.66169 of 2024(2) dt.01-10-2024 2/2 of the petitioner has been transpired only because he happens to be the owner of the vehicle in question and has no knowledge regarding the goods loaded in the vehicle. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukaha P.S. Case No. 388 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T