Allowed

Shrikant Yadav v. The State of Bihar

Patna HC2 Dec 2022CR. MISC./61180/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner who faced arrest in an excise case involving foreign liquor. The court noted recovery was from a vehicle, not the petitioner's possession, and relied on a Full Bench decision, imposing standard bail conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000/ with two sureties if arrested or surrenders within thirty days.

Shrikant Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61180 of 2022

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Arising Out of PS. Case No.-251 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan

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======================================================

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Shrikant Yadav Son Of Late Hazari Yadav R/O Chithaee, P.S.- Zamo Bazar, Distt.- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 02-12-2022

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in the Virtual Court proceeding.

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

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Recovery is of 362.880 litres of foreign liquor.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and has falsely been implicated in the present case. He further submits that the recovery has been made from the vehicle in question and not from petitioner’s possession. He further submits that the name of the petitioner has been transpired only on the basis of disclosure

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Patna High Court CR. MISC. No.61180 of 2022(2) dt.02-12-2022 2/4

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made by the spy and co-accused Afroz Alam and the petitioner has no concern at all with the alleged recovery or the vehicle in question. Therefore, the recovery cannot be attributed to the petitioner. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr. P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the prearrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.LJ.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from the conscious possession of the petitioner and his name has been transpired on the basis of the disclosure made

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Patna High Court CR. MISC. No.61180 of 2022(2) dt.02-12-2022 3/4

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by the spy and co-accused Afroz Alam and the petitioner has clean antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order. be released on bail on furnishing bail bond of Rs. 10,000/- (Ten 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 Siwan Excise PS. Case No. 251 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

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Patna High Court CR. MISC. No.61180 of 2022(2) dt.02-12-2022 4/4

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cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Ibrar//-

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U T

Shrikant Yadav v. The State of Bihar

Case brief

What is this about?

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Shrikant Yadav v. The State of Bihar

Case brief

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