Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72920 of 2023 Arising Out of PS. Case No.-334 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== PRAKASH YADAV, Son Of Sundar Yadav R/O Village- Suhiyan, P.S.- Sahpur, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Raju Kumar Singh, Advocate For the State :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sahpur P.S. Case No. 334 of 2023 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, 50 liters of illicit liquor has been recovered from a sack near Shiv Mandir.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious physical possession of the petitioner and he has been falsely implicated in this case. Petitioner claims clean antecedents.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.72920 of 2023(2) dt.07-11-2023 2/2 grant of anticipatory bail.

6. Considering the rival submissions and aforesaid facts of the case, this pre-arrest bail petition is allowed.

7. Accordingly, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.II, Bhojpur at Ara, in connection with Sahpur P.S. Case No. 334 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T