Anoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78628 of 2024 Arising Out of PS. Case No.-300 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Anoj Yadav S/O Siyaram Yadav Resident of Village- Baisa, P.S- Parbatta (Madaiya O.P.), Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parbatta P.S. Case no. 300 of 2024 instituted for the offence under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The prosecution case is that altogether 10 liters of country made liquor was recovered from a hutment near Basa.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that local persons told that this hutment belongs to Anuj Yadav and nothing has been recovered from his conscious possession.

Patna High Court CR. MISC. No.78628 of 2024(2) dt.29-11-2024 2/2 Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Parbatta P.S. Case no. 300 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge -II, Kjhagaria, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T