Gorakh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20492 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== GORAKH YADAV Son of Hari Narayan Gop Resident of Village- Ranipur Rasurpur, P.S.- Mehandiganj, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== 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. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(A) of the Bihar Prohibition and Excise Amendment Act, 2018.

Altogether 14 liters of Mahua liquor is said to have been recovered from a sack and after seeing the police, the accused persons fled away from the spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.20492 of 2022(2) dt.05-08-2022 2/3 in the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case on the statement of the local persons. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The alleged recovery has been made from a sack kept at a public place. Petitioner has one criminal antecedent of similar nature, as also mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.10,000.00/- (Rupees Ten Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Mehandiganj P.S. Case No.23 of 2021, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.20492 of 2022(2) dt.05-08-2022 3/3 Cr.P.C, as also the following conditions:

(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the Juvenile Justice Fund.

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