TUSI YADAV @ RAKESH YADAV @ RAKESH KUMAR v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2016 s. 30(a)(d)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Sheo Kumar Prasad, Advocate Mr. Shyam Bihari Singh, A.P.P. ORAL ORDER 2 02-07-2024
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 offence punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner has antecedent of one case but inadvertently at para 3 of the anticipatory bail application it has been pleaded that petitioner is a person with clean antecedent.
Allegation is of recovery of 42 litres of liquor from a canal.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and Patna High Court CR. MISC. No.40495 of 2024(2) dt.02-07-2024 is accessible to public at large. It is further submitted that petitioner came to be implicated based on the confessional statement of Bhola Yadav in police custody which does not have any evidentiary value in the eye of law.
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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kadirganj P.S. Case No. 46 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.