Yadolal Yadav @ Jadolal Yadav @ Jadolal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5162 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Yadolal Yadav @ Jadolal Yadav @ Jadolal Kumar Son of Charitar Yadav 2.

Chintu Yadav @ Chitu Yadav Son of Late Kishori Yadav @ Kishore Yadav Both R/o vill - Ranaha Surajpur, P.S - Shrinagar, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 99 liters of liquor from a place near 'Idgah'.

4. The learned counsel for the petitioners submit that the petitioners are person with clean antecedent and the allegation is of recovery of 99 liters of liquor from a place near 'Idgah'. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession and even alleged recovery is from a place which is

Patna High Court CR. MISC. No.5162 of 2024(2) dt.15-02-2024 2/2 accessible to public at large and they came to be implicated based on confessional statement of Dharmesh Kumar Yadav in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Srinagar P.S. Case No.136 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T