Munib Yadav @ Manib Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72112 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Munib Yadav @ Manib Kumar Son Of Jayram Yadav @ Jajram Yadav R/O Village- Harakhua @ Harkhua, Ward No.23, P.S.- Gopalganj (TOWN), District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 54 litres of liquor from two motorcycles, that is, 27 litres of liquor from each motorcycyle.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused Shipu Kumar in police custody, which does not have any evidentiary value. It is also submitted that though it is alleged in the FIR that one of the motorcycles belongs to the petitioner, but it has

Patna High Court CR. MISC. No.72112 of 2023(3) dt.19-02-2024 2/2 been specifically asserted in para-8 of the anticipatory bail application that the owner of one of the seized motorcycles is Sarda Devi, with whom petitioner has no connection. It is thus submitted that it absolutely does not stand to reason that on what basis the police implicated the petitioner, alleging that one of the bikes seized belongs to the petitioner. 5.

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

6.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vishambharpur P.S. Case No. 131 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T