Prabhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64645 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== PRABHASH YADAV S/O MAHENDRA YADAV Resident of VillageKataiya, P.S.- Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 27.090 liters liquor loaded on a motorcycle. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local villagers but then the FIR does not feature name of any villagers which casts aspersion on the prosecution case, it is further submitted that petitioner came

Patna High Court CR. MISC. No.64645 of 2022(2) dt.02-12-2022 2/2 to be implicated as he is owner of the alleged motorcycle but he was completely unaware that his friend would misuse his motorcycle for such an illegal purpose, it is also submitted that no prudent man would use his own vehicle for committing an offence and thus create evidence against himself. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Singheshwar P.S. Case No. 159 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T