Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70900 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== MUKESH YADAV @ MUKESH KUMAR YADAV Son of Baijnath Yadav Resident of village - Jaypatti, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 45 litres of liquor from a sack from a Hero motorcycle, further 45 litres of liquor from a Glamour motorcycle.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70900 of 2022(2) dt.20-12-2022 2/3 petitioner was not apprehended 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 Ravindra Yadav in police custody which does not have any evidentiary value, it is also submitted that petitioner is neither the owner nor the driver of the alleged seized vehicle.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajauli P.S. Case No. 132 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedent and if it

Patna High Court CR. MISC. No.70900 of 2022(2) dt.20-12-2022 3/3 is found that the petitioner has antecedent even of a single case, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Shivam/- U T