Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16819 of 2021 Arising Out of PS. Case No.-327 Year-2020 Thana- BAUNSI District- Banka ====================================================== RAKESH YADAV SON OF LATE PRAKASH YADAV RESIDENT OF VILLAGE- GHOSHPUR, POLICE STATION- BARAHAT, DISTRICTBANKA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Adv.
Mr.Ganesh Sharma, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Bounsi P.S. Case No.327 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Altogether 60 liters of illicit liquor is said to have been recovered from a bag tied on the back side of the motorcycle. It
Patna High Court CR. MISC. No.16819 of 2021(2) dt.30-06-2021 2/3 is alleged that petitioner was riding on the said motorcycle at the time of raid.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the F.I.R. No such occurrence as alleged has ever take place. It is further submitted that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has no knowledge about the recovered wine which was tied on the said motorcycle. Petitioner has been falsely implicated in this case merely on suspicion due to dirty village politics. Petitioner has no criminal antecedent and has been languishing in custody since 29.12.2020. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of case, let the above named petitioner, be released 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
Patna High Court CR. MISC. No.16819 of 2021(2) dt.30-06-2021 3/3 learned Additional Sessions Judge-II, Banka in connection with Bounsi P.S. Case No.327 of 2020 with the following conditions:- (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T