Devendra Yadav @ Devendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67232 of 2024 Arising Out of PS. Case No.-275 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Devendra Yadav @ Devendra Kumar Yadav S/O Kalpnath Yadav R/O Village- Tola Sipaya, P.S- Bishambharpur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Kuchaikot P.S. Case No.275 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 486 liters of liquor from a gunny bag, Rakesh Kumar, Scorpio vehicle and a motorcycle.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.67232 of 2024(2) dt.13-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from vehicle and motorcycle, which does not belong to the petitioner and he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeIV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikot P.S. Case No.275 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court 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

Patna High Court CR. MISC. No.67232 of 2024(2) dt.13-09-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T