Patna High CourtCR. MISC./86100/2024bail granted

Bullet Yadav v. The State Of Bihar

2025-04-23Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86100 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Bullet Yadav S/o- Shrikishun Yadav Village- Luhasi Chhotki Luhasi PSBhorey Distt-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhorey P.S. Case no.205 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From a perusal of the F.I.R and the seizure list it appears that there is recovery of 261 liters of country made liquor from a car. Two persons were apprehended at the spot, namely, Ashish Shukla and Kundan Kumar.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired only on the confessional statement of accused Ashish Shukla and Kundan Kumar who were apprehended at the spot and they stated that the seized liquor belonged to the petitioner. No recovery has been made from

Patna High Court CR. MISC. No.86100 of 2024(3) dt.23-04-2025 2/3 physical or conscious possession of the petitioner. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has been earlier made an accused in ten cases out of which nine are of similar in nature. However, learned counsel for the petitioner submits that the petitioner is on bail on all those cases.

6. In view of the entire facts and circumstances of the case, 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 Bhorey P.S. Case no.205 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 Addl. District & Sessions JudgeXIII-cum-Special Judge, Excise-I, Gopalganj, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that:- (i) One of the bailors shall be the family member/relative of the petitioner.

(ii) The petitioner shall co-operate in the case.

Patna High Court CR. MISC. No.86100 of 2024(3) dt.23-04-2025 3/3 (iii) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (iv) The petitioner would make himself present before the concerned Police Station at an interval of 15 days till the submission of the charge-sheet.

(Soni Shrivastava, J) Harsh/- U T