This order grants anticipatory bail to the petitioner who feared arrest in a liquor recovery case. The Court directed surrender within four weeks on furnishing a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail upon surrender within four weeks by furnishing bond of Rs. 10,000 and two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5912 of 2022
Arising Out of PS. Case No.-222 Year-2021 Thana- GURUA District- Gaya
======================================================
KULENDRA YADAV @ KULENDRA KUMAR YADAV SON OF SURENDRA YADAV R/O VILLAGE- SESHARI, P.S.- GURUA, DIST.GAYA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha For the Opposite Party/s : Mrs.Veena Kumari Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 05-08-2022
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gurua P.S. Case no. 222 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 50 litres country made liquor from the motorcycle of co-accused Binod Kumar, which was parked outside the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in
Patna High Court CR. MISC. No.5912 of 2022(2) dt.05-08-2022 2/2
question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gurua P.S. Case no. 222 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail apprehending arrest in connection with Section 30(a) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Kulendra Yadav @ Kulendra Kumar Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
