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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75435 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Ravi Yadav @ Ravi Kumar Yadav Son of Mohan Yadav R/O- Saraiya, P.SKrishnagarh, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate Mr. Amit Kumar Singh, Advocate Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Krishnagarh P.S. Case no. 75 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, information was received that the petitioner was coming on his motorcycle carrying illicit liquor. On being signalled to stop, the accused managed to escape with his motorcycle. It is stated that however, a bag dropped from the said vehicle which on search it transpired that the same contained 24 litres of IMFL.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself, it would transpire that

Patna High Court CR. MISC. No.75435 of 2024(2) dt.14-11-2024 2/2 neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The story manufactured by the prosecution with respect to a bag dropping from his motorcycle is false and concocted. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Krishnagarh P.S. Case no. 75 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No -I, Bhojpur, Ara. (Partha Sarthy, J) Shiv/- U T