Aryan Yadav @ Raj Aryan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29104 of 2021 Arising Out of PS. Case No.-570 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Aryan Yadav @ Raj Aryan Son of Hari Madhav Rai Resident of Village Rampur Chandarchan @ Dagru, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vishal Vikram Rana For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Kadamkuan P.S. Case No.570 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no recovery from the conscious possession of the petitioner rather 119.625 litres of foreign liquor was recovered from a Tata Safari vehicle. The apprehended person disclosed the name of the petitioner. It is submitted that the petitioner is the owner of the said vehicle. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.29104 of 2021(2) dt.17-12-2021 2/3 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is agreed to deposit a sum of Rs.30,000/- (rupees thirty thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFS Code PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

In the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of this order, 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 Special Judge, Excise Act, Patna in connection with Kadamkuan P.S. Case No.570 of 2020, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the

Patna High Court CR. MISC. No.29104 of 2021(2) dt.17-12-2021 3/3 learned court below for cancellation of his bail bonds.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.30,000/- (rupees thirty thousand) in Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T