Pradumn Yadav @ Pradum Yadav @ Pradum Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8640 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- SAHJAHANPUR District- Patna ====================================================== PRADUMN YADAV @ PRADUM YADAV @ PRADUM KUMAR Son of Mantri Yadav Resident of Village - Nawhiyapar, P.S.- Shahjahanpur, District - Patna. At present resident of village - Nijamat, P.S.- Dhanarua, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Allegedly, petitioner is said to have fled away after throwing a yellow plastic bag. Altogether 09.600 litres illegal country made liquor has been recovered from the alleged bag.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 09.600 liters of country made liquor is said to have been recovered from an
Patna High Court CR. MISC. No.8640 of 2023(2) dt.18-04-2023 2/3 open place. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner barring the statement of the Chowkidar. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.
6. 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 Shahjahanpur P.S. Case No. 79 of 2022,
Patna High Court CR. MISC. No.8640 of 2023(2) dt.18-04-2023 3/3 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.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund. (Anjani Kumar Sharan, J) divyanshi/- U T