Allowed¶19

Kewli Yadava @ Kewli Yadav @ Kewal Yadav v. the State of Bihar

Patna HC7 Mar 2024CR. MISC./14025/2024

Case brief

AI extract

What is this about?

Kewli Yadava @ Kewli Yadav @ Kewal Yadav vs The State of Bihar; Patna High Court Criminal Miscellaneous No.14025 of 2024 (decided 07-03-2024); anticipatory bail under Section 438(2) Cr.P.C.; Section 120(B) IPC read with Sections 30(a), 32, 41 Bihar Excise Act; Bakhri P.S. Case No. 405 of 2023, District Begusarai; recovery of 891 liters liquor from Magic pick up; eight antecedent cases; unnamed informers in FIR; bail bonds Rs. 40,000 with two sureties; six weeks to surrender; Justice Satyavrat Verma.

What did the court decide?

Release on anticipatory bail in the event of arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 40,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Bakhri P.S. Case No. 405 of 2023. ¶19

Kewli Yadava @ Kewli Yadav @ Kewal Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Bakhri P.S. Case No. 405 of 2023 registered under Section 120(B) IPC read with Sections 30(a), 32 and 41 of the Bihar Excise Act, should be released on anticipatory bail despite his alleged antecedents of 8 cases and the allegation of recovery of 891 liters of liquor.

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Court's answer

Anticipatory bail granted: considering the submissions of learned counsel for the petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, the petitioner shall be released on furnishing bail bonds of Rs. 40,000/- (Rupees Forty Thousand) with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending/successor court, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Oral order (Satyavrat Verma, J, 07-03-2024), Patna High Court Criminal Miscellaneous No.14025 of 2024: anticipatory bail allowed to petitioner apprehending arrest in Bakhri P.S. Case No. 405 of 2023, Begusarai, registered under Section 120(B) IPC read with Sections 30(a), 32 and 41 of the Bihar Excise Act following alleged recovery of 891 liters of liquor from a Magic pick up. Counsel urged that the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, he is neither owner nor driver of the seized vehicle, his informers are unnamed in the FIR, and he was falsely implicated to shield real culprits owing to 8 antecedent cases; learned A.P.P. opposed. Court directed release upon arrest or surrender within six weeks on bail bonds of Rs. 40,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14025 of 2024

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Arising Out of PS. Case No.-405 Year-2023 Thana- BAKHARI District- Begusarai

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

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KEWLI YADAVA @ KEWLI YADAV @ KEWAL YADAV S/O LATE SURENDRA YADAV R/O VILLAGE- MAUJI THAN SINGH, WARD NO. 6, P.S- BAKHRI, DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Ajay Kumar Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 07-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 120(B) of the Indian Penal Code read with Section 30(a), 32 and 41 of the Bihar Excise Act.

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Learned counsel for the petitioner submits that the petitioner has antecedent of 8 cases and allegation is of recovery of 891 liters of liquor from a Magic pick up.

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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 is not the owner or driver of the seized vehicle and he came to be implicated by the

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Patna High Court CR. MISC. No.14025 of 2024(2) dt.07-03-2024 2/2

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local people but then the name of the people who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is also submitted that it appears that police in order to save the real culprits falsely implicated the petitioner because of his antecedent.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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. 40,000/(Rupees Forty 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 Bakhri P.S. Case No. 405 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Kewli Yadava @ Kewli Yadav @ Kewal Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kewli Yadava @ Kewli Yadav @ Kewal Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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