Vinod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1376 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Vinod Kumar Yadav S/o Late Bhuteli Ray R/o vill - Paiga Shekhpura, P.S. - Amnour, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Chowk PS Case No. 294 of 2024 registered for the offences punishable under Sections 30(a), 34, & 36 of the Bihar Prohibition and Excise Act.

3.

As per prosecution case, there is recovery of 770 litres spirit was recovered from pickup van and the petitioner is not arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is neither the owner nor the driver of the vehicle in

Patna High Court CR. MISC. No.1376 of 2025(2) dt.17-01-2025 2/2 question. Petitioner has no knowledge and concern with the alleged recovery of liquor. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner bears one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 21-08-2024, passed in Cr. Misc. No. 58055 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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.10,000/- (Rupees Ten 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 Chowk PS Case No. 294 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T