Awanat Yadav@ Anant Yadav @ Anwat Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7562 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- MANJHI District- Saran ====================================================== Awanat Yadav@ Anant Yadav @ Anwat Yadav S/O Kailash Yadav R/VBhabhauli, P.S.- Manjhi, District- Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 8296 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- MANJHI District- Saran ====================================================== Ramesh Yadav @ Ramesh Kumar Yadav S/O Parmatama Yadav R/O VillageBhabhauli, P.S.- Manjhi, Distt- Saran At Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7562 of 2023) For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary (In CRIMINAL MISCELLANEOUS No. 8296 of 2023) For the Petitioner/s :
Mr.Shrinath Manjhi For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable Sections 30, 30 (a) of the
Patna High Court CR. MISC. No.7562 of 2023(2) dt.13-04-2023 2/3 Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 230 liters of country made liquor is said to have been recovered from the boat on the bank of river and maize field. He submits that the petitioners are neither concerned with the said boad nor the maize field. He submits that the local Chowkidar disclosed the name of the petitioners. He submits that the petitioners have no criminal antecedent as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) each 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 petitioners, be released on bail, in the event of their 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) each
Patna High Court CR. MISC. No.7562 of 2023(2) dt.13-04-2023 3/3 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 Manjhi P.S. Case No. 320 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 their own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by 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