Disposed

Gajendra Kumar Yadav v. The State of Bihar

Patna HC13 Sept 2024CR. MISC./67130/2024

Case brief

AI extract

What is this about?

Petitioner apprehends arrest in an East Champaran excise case over alleged recovery of 53.100 litres of liquor from an Alto car, claiming he was not arrested at the spot and implicates him via another's confessional statement. Court grants conditional anticipatory bail with antecedent verification.

What did the court decide?

Anticipatory bail granted on furnishing bonds of Rs 10,000 with two like sureties upon arrest or surrender within six weeks, subject to Section 438(2) CrPC conditions and antecedent verification.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67130 of 2024

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Arising Out of PS. Case No.-1262 Year-2024 Thana- Excise P.S. District- East Champaran

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

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Gajendra Kumar Yadav S/o Wakil Rai Resident of village- Mathiya Bariyarpur, PS- Piprakothi, District- East champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shanti Bhushan Singh For the Opposite Party/s : Mr.Bishweshwar Ram ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 13-09-2024

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

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 53.100 litres of liquor from an Alto car.

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4. 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 owner of the the seized vehicle and he came to be implicated based on confessional statement of Santosh in police custody which does not have any evidentiary value.

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Patna High Court CR. MISC. No.67130 of 2024(2) dt.13-09-2024 2/2

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

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6. 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. 10,000/(Rupees Ten 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 Excise P.S. Case No. 1262 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Gajendra Kumar Yadav v. The State of Bihar

Case brief

What is this about?

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Gajendra Kumar Yadav v. The State of Bihar

Case brief

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What did the court decide?

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