Vijendra Yadav @ Vijendra Kumar @ Bijeendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5302 of 2023 Arising Out of PS. Case No.-316 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Vijendra Yadav @ Vijendra Kumar @ Bijeendra Kumar Son Of Late Satrudhan Yadav @ Satyanarayan Yadav R/V- Khirma Pathra P.S- Keoti DistDarbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 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 Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 139.290 liters of foreign liquor is said to have been recovered from the Scorpio. He submits that the apprehended person disclosed the name of the petitioner. He submits that petitioner is neither the owner nor the driver of the said vehicle. He submits that there is no specific allegation levelled against the petitioner. He further

Patna High Court CR. MISC. No.5302 of 2023(2) dt.07-04-2023 2/3 submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Having regard to the facts and circumstances of the case, 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 learned Court below where the case is pending/successor Court in connection with Kewati P.S. Case No. 316 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) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.5302 of 2023(2) dt.07-04-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

(Anjani Kumar Sharan, J) devendra/- U T