Basant Yadav @ Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5450 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- BISFI District- Madhubani ====================================================== BASANT YADAV @ BASANT KUMAR S/o Shiv Chandra Yadav R/o Village- Singhaso, P.S.- Bisfi, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 251.640 litres of illicit liquor has been recovered from the cowshed of the petitioner. The cowshed of the petitioner is situated far away from the house of the petitioner near a public road. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioner is agree to deposit a sum of Rs. 1,00,000/-

Patna High Court CR. MISC. No.5450 of 2022(2) dt.08-07-2022 2/2 (rupees one lakh) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail 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 Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Bisfi P.S. Case No.275 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T