Vakil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18334 of 2021 Arising Out of PS. Case No.-134 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Vakil Yadav S/O Gognath Yadav R/O Village Tari, P.S Raghunathpur, District Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Raj Kishore Singh ====================================================== 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 Raghunathpur P.S. Case No. 134 of 2019 registered for the offence punishable under Sections 30 (a) and 41 of the Bihar Prohibition and Excise Act. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 170.640 of illicit foreign liquor is said to have been recovered from the khop (Bhusaul) and the same is not belongs to the petitioner. He submits that the khop is used for
Patna High Court CR. MISC. No.18334 of 2021(2) dt.30-06-2021 2/3 kept straw of cattle and due to outside the house, anyone can access and plant there anything. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He states and submits that provisions of Section 100 of Code of Criminal Procedure regarding search were not followed. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 16.01.2020. Petitioner is agreed to deposit a sum of Rs. 10,000 (Rupees Ten 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 learned court below where the case is pending in connection with Raghunathpur P.S. Case No. 134 of 2019 subject to 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other
Patna High Court CR. MISC. No.18334 of 2021(2) dt.30-06-2021 3/3 case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000 (Rupees Ten Thousand) in the PM Cares fund.
(Anjani Kumar Sharan, J) GAURAV S./- U T