Raju Yadav @ Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3167 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== RAJU YADAV @ RAJESH KUMAR YADAV Son of Shyam Yadav Resident of Village-Galegar, P.S.-Manigachhi, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 2950.2 liters of liquor from a truck. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is neither the owner nor the driver of the truck and came to be implicated in the confessional statement of coaccused in police custody which does not have any evidentiary value.

Patna High Court CR. MISC. No.3167 of 2024(2) dt.21-02-2024 2/2 The learned APP for the State opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Manigachhi P.S. Case No.238 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T