In a criminal miscellaneous petition, the Patna High Court granted anticipatory bail to Raju Yadav in a Bihar Excise Act case involving liquor recovery. The petitioner surrendered within six weeks upon furnishing a bond with sureties.
Petitioner released on anticipatory bail upon surrender within six weeks, owing Rs. 1,000 bond with two sureties.
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.21184 of 2023
Arising Out of PS. Case No.-52 Year-2019 Thana- BAGENGOLA District- Buxar
======================================================
RAJU YADAV S/O LATE RAMDAS YADAV Resident of Village- Shahpur, P.S.- Shahpur, District- Bhojpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 15-05-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 414.720 liters of liquor from a vehicle.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner had sold his vehicle (Scorpio) to one Sinod Kumar but the vehicle was not transferred in his name, it is further submitted that had the vehicle belonged to the petitioner
Patna High Court CR. MISC. No.21184 of 2023(2) dt.15-05-2023 2/2
then definitely as a prudent person he would not have used his vehicle for committing a crime and thus would have got implicated easily, when admittedly petitioner is a person with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bagengola P.S. Case No. 52 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishabh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving liquor smuggling with no recovery from his possession.
2 provisions across 2 enactments
RAJU YADAV
THE STATE OF BIHAR
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
