Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80481 of 2024 Arising Out of PS. Case No.-656 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Sunil Yadav Son of Angad singh Yadav Resident of Village- Sirihira(Darwa), P.S.-Chand, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard Mr. Tribhuwan Naraya, learned counsel for the petitioner and Ms. Renu Kumari, learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Excise P.S. (Bhabhua) Case No. 656 of 2024 registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1) and (2) of the Bihar Prohibition and Excise Act. . 3.

The prosecution case, in short, is that toal 270 litres of country made liquor was recovered from the Car. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that petitioner has no

Patna High Court CR. MISC. No. 80481 of 2024(2) dt.22-11-2024 2/2 concern with the seized vehicle. The petitioner has no criminal antecedent. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 12.11.2024 in Cr. Misc. No. 79300 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. (Bhabhua) Case No. 656 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Ranjan/- U T