Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21647 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Rupesh Yadav Son of Ramashish Yadav @ Ramashish Ray Resident of Village- Math Banwari, Police Station- Pipra Kothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act. Submission is that name of the petitioner surfaced in the confessional statement of co-accused from whose possession liquor was recovered. The motorcycle on which liquor was there is not of the petitioner nor the liquor was of the petitioner. Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the

Patna High Court CR. MISC. No.21647 of 2021(2) dt.30-11-2021 2/2 event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sidhwaliya P.S. Case No. 139 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T