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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65282 of 2022 Arising Out of PS. Case No.-488 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== RAJESH YADAV @ RAJESH KUMAR YADAV S/o Late Ramnath Thakur R/o Village- Manikpur Tola, Nauranga, PO and P.S.- and Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, 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 Sections 30(a), and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 108.4 litres of liquor near the hut of Ramnath Yadav and 7 litres of liquor behind Sandeep Tent House. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even alleged recovery is from a place which does

Patna High Court CR. MISC. No.65282 of 2022(2) dt.02-12-2022 2/2 not belong to the petitioner, it is further submitted that petitioner came to be implicated at the instance of local chawkidar and spy. The learned counsel for the petitioner next submits that chawkidar and spy with a view to save the real culprits falsely implicated the petitioner when admittedly he has a person with clean antecedent.

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) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gopalganj P.S. Case No. 488 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T