Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67462 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- SIMRI District- Buxar ====================================================== Chandan Yadav S/O Harendra Yadav @ Birendra Yadav Resident Of VillageKhandra Pandeypur, P.S.- Simari, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== 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. 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.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern

Patna High Court CR. MISC. No.67462 of 2022(2) dt.09-12-2022 2/3 with the alleged recovery or with the place of occurrence. The name of the petitioner and co-accused persons have 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, Excise Court No. 02, Buxar subject to the conditions as

Patna High Court CR. MISC. No.67462 of 2022(2) dt.09-12-2022 3/3 laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T