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Patna High CourtCR. MISC./82954/2024allowed

Raj Tridev @ Raja Yadav v. The State Of Bihar

2024-12-11Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82954 of 2024 Arising Out of PS. Case No.-346 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Raj Tridev @ Raja Yadav, S/o- Aanesh Kumar @ Aanesh Yadav, Resident of Village- Baksama, PS- Goraul (Katahara O.P.), District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Umanath Mishra, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Goraul P.S. Case No. 346 of 2024 instituted for the offence under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 519.375 liters of foreign liquor was recovered from a pick-up van which was parked near the house of 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 case. He is not the owner of the pick-up van. He has no concern

Patna High Court CR. MISC. No.82954 of 2024(2) dt.11-12-2024 2/2 in any way with the alleged pick-up van and liquor. He is having one criminal antecedent of similar nature in which he is on bail.

5. In contra, learned APP appearing for the State has 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 Goraul P.S. Case No.346 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 Exclusive Special Excise Court No. Icum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. with a condition that he will not indulge in similar nature of cases in future.

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