Bhulandi Gope @ Jitendra @ Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65295 of 2022 Arising Out of PS. Case No.-308 Year-2022 Thana- FATUA District- Patna ====================================================== BHULANDI GOPE @ JITENDRA @ JITENDRA YADAV S/o Tulsi Gope R/o Village- Raypura, P.S.- Fatuha, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P ====================================================== 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 100 liters from a road of village Rampura. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which is accessible to public at large and the police implicated him alleging that his name was disclosed by local people but then
Patna High Court CR. MISC. No.65295 of 2022(2) dt.02-12-2022 2/2 the FIR does not even remotely suggest that any local people was also present when the alleged recovery was made as name of any local person is not disclosed in the F.I.R. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatua P.S. Case No. 308 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T