Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68956 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Gopal Yadav Son of Ramchandra Yadav Resident of Village- Kavela, PSParbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parbatta P.S. Case no. 314 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. According to the case of prosecution, there has been recovery of altogether 147.75 liters of illicit liquor from Basa of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the cosncious possession

Patna High Court CR. MISC. No.68956 of 2024(2) dt.18-10-2024 2/2 of the petitioner and he has no concern with the seized liquor. The alleged place from where the recovery has been made, is accessible to all. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. 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 Parbatta P.S. Case no. 314 of 2024, 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 learned Spl. Judge Excise IInd, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T