Subhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66428 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- ASHOK PAPER MILL District- Darbhanga ====================================================== SUBHASH KUMAR YADAV S/o Brahmdev Yadav @ Brahm Deo Yadav R/o Village- Champapatti Rajwara Raghopur, P.S.- Manigachhi, DisttDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, 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.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 167, 168 and 471 of Indian Penal Code and 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 1784.52 liters liquor from a DCM vehicle, pick-up and Apache motorcycle.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further

Patna High Court CR. MISC. No.66428 of 2022(2) dt.06-12-2022 2/2 submitted that petitioner came to be implicated as he is owner of the pick-up vehicle, it is also submitted that no prudent man would use his own vehicle for committing an occurrence and thus create evidence against himself, further the petitioner was completely unaware that the driver would misuse his vehicle in the manner as alleged 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) 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 Ashok Paper Mill P.S. Case No. 08 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Shubham/- U T