Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65853 of 2024 Arising Out of PS. Case No.-471 Year-2024 Thana- JAMUI District- Jamui ====================================================== Munna Yadav Son of Gulab Yadav R/o Village- Kalyanpur, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 115(2), 132, 352, 281/3(5) of B.N.S., 2023 and Sections 37 and 45 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that petitioner was drunk and travelling in black Scorpio with black tinted glass over vehicle and when police stopped him, he abused the police and also scuffled and thereafter, fled, but Dipak was arrested.

Patna High Court CR. MISC. No.65853 of 2024(2) dt.10-09-2024 2/3

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized Scorpio and he came to be implicated based on confessional statement of Dipak in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-1, Jamui in connection with Jamui P. S. Case No.471 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court

Patna High Court CR. MISC. No.65853 of 2024(2) dt.10-09-2024 3/3 before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T