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

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

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise-II, Araria, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Munna Yadav facing arrest in connection with Fulkaha P.S. Case No.167 of 2023 (Araria), registered for offences punishable under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

In the event of his arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on bail.

Ratio / Principle

Release is on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise-II, Araria, in connection with Fulkaha P.S. Case No.167 of 2023.

Key takeaways

The bail grant is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶20

Detailed headnote1 paragraphs

PATNA HIGH COURT — Criminal Miscellaneous No.14346 of 2024 (decided 11-03-2024) — Anticipatory bail ALLOWED for petitioner Munna Yadav sought to be arrested in connection with Fulkaha P.S. Case No.167 of 2023, district Araria, registered for offences punishable under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Counsel had stated petitioner's two antecedent cases and FIR-alleged recovery of 149.055 liters of liquor from six motorcycles. On arrest or surrender within six weeks, petitioner to be released on bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise-II, Araria, subject to Section 438(2) Cr.P.C. conditions. (Satyavrat Verma, J.) Oral order; application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14346 of 2024

Arising Out of PS. Case No.-167 Year-2023 Thana- FULKAHA District- Araria

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

Munna Yadav SON OF Lilanand Yadav RESIDENT OF VILLAGE - MIRJAPUR, POLICE STATION - FULKAHA, DIST- ARARIA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun, Advocate For the Opposite Party/s : Mr.Shyam Bihari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 11-03-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his

arrest in a case registered for the offences punishable under Section 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 149.055 liters of liquor from six motorcycles as detailed in the FIR.

It is next submitted that 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 one of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.14346 of 2024(2) dt.11-03-2024 2/2

committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that Janardhan would misused the motorcycle in the manner as alleged.

The learned APP for the State opposes the anticipatory 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise-II, Araria in connection with Fulkaha P.S. Case No.167 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

Prakash Narayan U T