Patna High CourtCR. MISC./66472/2022allowed

Lagan Yadav v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66472 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- SIMRI District- Buxar ====================================================== Lagan Yadav Son of Bhagirathi Yadav R/v- Khandra Pandeypur, P.S.- Simari, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Simari P.S. Case no. 368 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. Prosecution case relates to recovery of 60.48 litres of Indian Made Foreign Liquor from open place. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.66472 of 2022(2) dt.09-12-2022 2/3 has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local residents. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Simari P.S. Case no. 368 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge,

Patna High Court CR. MISC. No.66472 of 2022(2) dt.09-12-2022 3/3 Excise Court No. 02, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T