Prakash Yadav @ Prakash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85723 of 2023 Arising Out of PS. Case No.-107 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== Prakash Yadav @ Prakash Kumar Yadav Son of Late Bijendra Yadav Resident of Village - Tetarahi, Police Station- Jankinagar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 294.750 litres of liquor from a Safari vehicle parked inside the house of Saurav Yadav.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the disclosure made by local person but then

Patna High Court CR. MISC. No.85723 of 2023(7) dt.10-05-2024 2/2 the FIR does not disclose the name of the person who disclosed the name of the petitioner, which casts an aspersion on the case of the prosecution. It is next submitted that petitioner is neither the driver nor the owner of the seized vehicle and is in custody since 16-82023. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bond of Rs. 30,000/- (Rupees Thirty 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 Jankinagar P.S. Case No. 107 of 2021.

(Satyavrat Verma, J) SUMIT/- U T