Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15595 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- DURAULI District- Siwan ====================================================== Birbal Yadav S/o Ramayan Yadav Resident of Village- Chotki Done, P.S.- Darauli, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/38(1) of the Bihar Prohibition and Excise Act, 2016.

From the fodder house of the petitioner liquor was allegedly recovered.

Submission is that the fodder house is accessible by any person. The petitioner was not present at the time of recovery. The petitioner has stated on oath that he has got no criminal antecedent.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.15595 of 2020(2) dt.12-06-2020 2/2 above named, in the 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/- (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 Darauli P.S. Case No.21 of 2020, subject to the conditions 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