Mithun Yadav @ Sundar Kumar Yadav @ Sundra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82794 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Mithun Yadav @ Sundar Kumar Yadav @ Sundra Kumar Yadav Son of Bilat Yadav Resident of Village - Khushiyali, P.S. - Marauna, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 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 Madhepur P.S. Case No. 278 of 2023 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibiton and Excise Act.

3. The case of the prosecution is that on a byke two persons were coming. The driver of the byke managed to flee away as the pillion fell down with the gunny bag in which 50 liters of country made liquor was recovered. The pillion was apprehended and he was identified as Ravindra Yadav where he has disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.82794 of 2024(2) dt.10-12-2024 2/2 case. It has also been argued by the learned counsel for the petitioner that nothing has been recovered from his possession and his name has surfaced in the statement of co-accused namely Ravindra Yadav. Petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State opposes 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 Madhepur P.S. Case No. 278 of 2023, 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 Judge Excise Act, Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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