This order grants anticipatory bail to the petitioner for alleged offences under the Excise Act, 2018, directing his release on bail within six weeks of arrest or surrender upon furnishing security bonds.
Petitioner released on bail subject to security of Rs. 1,000/- with two sureties of similar amount and surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30826 of 2023
Arising Out of PS. Case No.-49 Year-2023 Thana- RAGHUNATHPUR District- Siwan
======================================================
Amit Yadav @ Amit Kumar Yadav, Son Of Shivnath Yadav @ Shrinath Yadav Resident Of Village - Sarharwa, P.S. - Darauli, Distt. - Siwan
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Anupam For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 19-05-2023
Heard learned counsel for the petitioner and 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) of the Excise Act, 2018.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 243.20 litre of lilquor from the place of occurrence i.e. an Arhar field and Amit Yadav was arrested.
The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even arrested accused did not disclose the name of the petitioner and petitioner came to be implicated based on secret
Patna High Court CR. MISC. No.30826 of 2023(2) dt.19-05-2023 2/2
information, which is the easiest way to implicate someone, when admittedly petitioner is a person with clean antecedent.
Learned A.P.P. opposes the 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.IInd, Siwan in connection with Raghunathpur P. S. Case No.49 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
1 issue framed by the court
Whether to grant anticipatory bail subject to security and conditions under Section 438(2) of the Cr.P.C.
1 provisions across 1 enactments
Amit Yadav @ Amit Kumar Yadav
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
