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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65540 of 2022 Arising Out of PS. Case No.-298 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== SANTOSH KUMAR YADAV @ SANTOSH KUMAR SON OF DUKHAN YADAV R/O- KOTWALI CHOWK, WARD NO. 26, BHOWARA, P.S.- TOWN, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 2.34 litres of liquor from a plastic bag which was thrown by a person riding Scooty on the road. Learned counsel for the petitioner submits that petitioner has been falsely implicated the present case. It is further submitted that even the Scooty was not seized. It is further submitted that it absolutely does not stand to reason that why a person would use his own vehicle for committing an occurrence and thus would create evidence against himself.

Patna High Court CR. MISC. No.65540 of 2022(2) dt.06-12-2022 2/2 It is next submitted that since petitioner has antecedent of one case, as such, he came to be implicated on the ground that he is owner of the Scooty.

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.10,000/- (Rupees Ten 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 Town P.S. Case No. 298 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T