Pramod Yadav @ Pramod Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3392 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== PRAMOD YADAV @ PRAMOD KUMAR YADAV Son of Chetharu yadav @ Chandeshwar Yadav R/v- Kisanpatti, P.S.- Phulparas, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2023 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 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 30 (a), 32(i)(ii), 36 and 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1770.39 liters of foreign liquor is said to have recovered near the pond loaded in Truck and Pick-up van. He submits that the petitioner's name has been transpired in this case only on the basis of confessional statement of co-accused. He submits that the petitioner has no
Patna High Court CR. MISC. No.3392 of 2023(2) dt.29-03-2023 2/3 any concern with the illegal liquor and the said vehicle. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty 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 Lakhnaur P.S. Case No.139 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to
Patna High Court CR. MISC. No.3392 of 2023(2) dt.29-03-2023 3/3 who he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) anand/- U T