Dinesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Dinesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted in connection with Sheikhpura P.S. Case No. 870 of 2023: release upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Sheikhpura P.S. Case No. 870 of 2023 registered for offences under Sections 30(a), 41 and 32 of the Bihar Excise Act, involving alleged recovery of 83.250 liters of liquor from a Magic van said to be owned by him.

Court's answer

Considering the petitioner's submissions, the Court granted anticipatory bail: in the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 500 with two sureties of the like amount each, to the satisfaction of the trial court where the case is pending, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Satyavrat Verma), Oral Order dated 05-03-2024 in Criminal Miscellaneous No.12303 of 2024: anticipatory bail granted to petitioner Dinesh Yadav, apprehending arrest in Sheikhpura P.S. Case No. 870 of 2023 for offences under Sections 30(a), 41 and 32 of the Bihar Excise Act. Counsel argued the allegation was recovery of 83.250 liters of liquor from a Magic van owned by the petitioner; the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated solely as owner of the seized vehicle, unaware that one Golu (arrested from the spot) would misuse the vehicle. The Court, considering these submissions, directed that on arrest or surrender before the trial court within six weeks the petitioner be released on anticipatory bail on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. No precedent was cited; no order under challenge exists in this fresh anticipatory-bail petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12303 of 2024

Arising Out of PS. Case No.-870 Year-2023 Thana- SHEKHPURA District- Sheikhpura

====================================================== Dinesh Yadav Son of Titu Yadav Resident of Village- Tilaiya Mathurapur, P.S.- Jasidih, District- Deoghar (Jharkhand)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Narsingh Tanti ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 05-03-2024

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), 41 and 32 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 83.250 liters of liquor from a Magic van.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.12303 of 2024(2) dt.05-03-2024 2/2

create evidence against himself and hence would get implicated, and at the same time will bring disrepute to his business. It is further submitted that petitioner was completely unaware that Golu would misuse the vehicle in the manner as alleged who was also arrested from the spot.

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. 500/- (Rupees Five Hundred) 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 Sheikhpura P.S. Case No. 870 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

Rishabh/-