Upendra Yadav @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63732 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Upendra Yadav @ Upendra Kumar S/O Baleshwar Yadav R/V- Lohsinghna (Job), P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case punishable under Sections 30(a),(d), 37(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 80 litres of illicit liquor and one motorcycle bearing registration No. BR-27F-0582. Two persons were apprehended from the spot, who disclosed their name as Ajanta Rajbanshi and Raju Rajbanshi. The local persons and chowkidar disclosed the name of petitioner and other co-accused persons who fled away from place of seizure.

Patna High Court CR. MISC. No.63732 of 2022(2) dt.02-12-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the place of occurrence. The seized motorcycle does not belong to the petitioner. The name of the petitioner has been disclosed in this case by local chowkidar as person who fled away from the place of seizure. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajauli P.S. Case no. 448 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63732 of 2022(2) dt.02-12-2022 3/3 learned Exclusive Special Excise Judge IInd, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U