Patna High CourtCR. MISC./65182/2024bail rejected

Anil Yadav v. The State Of Bihar

2024-10-01Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65182 of 2024 Arising Out of PS. Case No.-668 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Anil Yadav Son of Late Ramashray Yadav Resident of Village - Gandhinagar, Ward No. 33, P.S. - Aurangabad Town, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 668 of 2024 for the offence under Section 45 of the Bihar Prohibition of Excise Act 2016 lodged on 09.07.2024 by the informant, Mithlesh Kumar.

3. As per the prosecution story, the informant alleged that upon secret information that Vivek Kumar and this petitioner are selling liquor near Sinha College More, the informant reached the place but the mother gave information that Vivek Kumar is not available in the house. In the meantime, Ranjit Kumar started giving threat whereafter Vivek Kumar, Anil Yadav and other associates came armed variously and pelted stones on the vehicle of the informant and damaged it. Accordingly, the FIR.

Patna High Court CR. MISC. No.65182 of 2024(2) dt.01-10-2024 2/2

4. Though learned counsel for the petitioner tried to impress upon this Court that only because of criminal antecedent, he has been named, learned APP has taken this Court to the allegation that not only he has criminal antecedent, he tried to assault the informant, a Government Servant.

5. Considering the allegations that has come against the petitioner coupled with the fact that he has criminal antecedents, no relief can be granted to him.

6. The present anticipatory bail application stands rejected.

7. However, if the petitioner surrenders within four weeks from today, the bail petition shall be taken up and disposed of preferably on the same day.

(Rajiv Roy, J) Adnan/- U T