Bijendra Yadav @ Vijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11892 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- FULKAHA District- Araria ====================================================== Bijendra Yadav @ Vijendra Yadav S/O Ramsagar Yadav Resident Of VillageDubyahi, Ward No.- 8, P.S.- Dighiya, District- Supaul. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) and 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 25.425 liters of Nepali liquor is said to have recovered from the place of the occurrence and police also seized one motor cycle from the spot. He submits that the petitioner is made accused in the present case because he is the owner of the said seized motorcycle. He submits that there is no recovery made from the conscious possession of the

Patna High Court CR. MISC. No.11892 of 2023(2) dt.27-04-2023 2/3 petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty-five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case and the fact that nothing recovered from the conscious possession of the petitioner, let the above named petitioner, 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 the learned court below where the case is pending/successor court in connection with Fulkaha P.S. Case No. 28 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(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.

Patna High Court CR. MISC. No.11892 of 2023(2) dt.27-04-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T