Shashi Yadav @ Shashikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72782 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- BALIYA District- Begusarai ====================================================== 1.

Shashi Yadav @ Shashikant Yadav S/O Ram Bilash Yadav @ Bilash Yadav R/O Danauli Fulwariya, P.S- Ballia, Distt.- Begusarai. 2.

Netaji Yadav @ Anoj Yadav S/O Bhuneshwar Yadav @ Bhuto Yadav R/O Danauli Fulwariya, P.S- Ballia, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent.

4. Allegation is of recovery of 5 litres of liquor from a field of Nepali Yadav.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.72782 of 2024(2) dt.07-10-2024 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and have no relation with Nepali Yadav. It is next submitted that petitioners came to be implicated based on the confessional statement of Lalo Yadav in police custody which does not have any evidentiary value in the eye of law.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ballia P.S. Case No. 266 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioners, shall verify the criminal antecedent of the petitioners and if it is found that petitioner no.

Patna High Court CR. MISC. No.72782 of 2024(2) dt.07-10-2024 3/3 1 has antecedent of more than one case and petitioner no. 2 has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T