Nitish Kumar Yadav @ Nitesh Kumar Yadav @ Bachan Yadav @ Wajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8120 of 2024 Arising Out of PS. Case No.-545 Year-2023 Thana- BHORE District- Gopalganj ====================================================== NITISH KUMAR YADAV @ NITESH KUMAR YADAV @ BACHAN YADAV @ WAJAN YADAV SON OF CHHABILA YADAV RESIDENT OF VILLAGE- LAMICHAUR TOLA, BANDHU CHHAPAR, PS- BHORE, DISTT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Mishra For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 360 litres of liquor from a Bolero vehicle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on the confessional statement of co-accused, namely, Chandan

Patna High Court CR. MISC. No.8120 of 2024(2) dt.26-02-2024 2/2 Vishwakarma in police custody which does not have any evidentiary value in the eye of law when petitioner admittedly is a person with clean antecedent.

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

7. Considering the submissions made by the learned counsel for the petitioner, 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.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/successor court in connection with Bhore P.S. Case No. 545 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T