Santu Yadav @ Lattu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63136 of 2023 Arising Out of PS. Case No.-514 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Santu Yadav @ Lattu Yadav Son Of Charitar Yadav Resident Of Village Lohsinghna Ps Akbarpur Dist Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Rajauli P.S.Case No. 514 of 2021 instituted under Section 30(a)(d) of Bihar Prohibition & Excise Amendment Act.
3. There is recovery of 16 liters of country made liquor near the Graveyard. Allegation against the petitioner is that he fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence. The seized liquor was recovered from an open place. Nothing incriminating article has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.63136 of 2023(2) dt.17-10-2023 2/2 He has one criminal antecedent. Similarly situated other co-accused namely, Natwar @ Ranjit Yadav has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 30.09.2022 passed in Cr. Misc. No. 15158 of 2022.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge Excise-II Nawada in connection with Rajauli P.S.Case No. 514 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) N.K/- U T