Vikas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68204 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Vikas Yadav, S/O Santosh Yadav R/O Village- Dharam Parsa, P.S.- Manjhagarh, Distt- Gopalganj.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gautam Kumar Yadav For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act and Section 414/ 34 of the I.P.C. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 223.24 litres of liquor from a car. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated based on confessional statement of Santosh Yadav along with local people and Chaukidar. It is also submitted that petitioner is neither the owner, nor the driver

Patna High Court CR. MISC. No.68204 of 2022(2) dt.09-12-2022 2/2 of the alleged vehicle.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Manjhgarh P. S. Case No.217 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

However, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent even of one case, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) vikash/- U T