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Patna High CourtCR. MISC./19776/2022allowed

Siyaram Yadav v. The State Of Bihar

2022-08-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19776 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== Siyaram Yadav Son of Late Brahmi Yadav R/o Village Bhatgama, P.S. Chousa, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 120(B) of the Indian Penal Code and Sectiond 30(a), 32(3), 33 and 36 of the Bihar Prohibition and Excise Act. 400 litres of foreign liquor, 220 empty bottles and rappers of Royal Stag have been recovered from the place of occurrence. The apprehended persons disclosed the name of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner and he has got

Patna High Court CR. MISC. No.19776 of 2022(2) dt.05-08-2022 2/3 no criminal antecedent as stated in paragraph-3 of the bail application.

Petitioner is ready to deposit a sum of Rs.50,000/- (rupees fifty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Taking into consideration the fact aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, 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 learned Additional Sessions Judge-IV, Madhepura in connection with Chousa P.S. Case No.69 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be own blood relative of the petitioner, preferably, father, mother, brother, sister and/or his

Patna High Court CR. MISC. No.19776 of 2022(2) dt.05-08-2022 3/3 wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J.) Sanjay/- U T