Chhathu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21450 of 2022 Arising Out of PS. Case No.-413 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== CHHATHU YADAV S/o Late Dhanraj Yadav Resident of Village- South Tola Masarh, Police Station- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== 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 Act, 2018.
Altogether 110 liters of country made liquor is said to have been recovered from the spot. Allegation against the petitioner is that he fled from the spot on seeing the police. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in
Patna High Court CR. MISC. No.21450 of 2022(2) dt.05-08-2022 2/3 the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case on the disclosure of the local chowkidar alleging that petitioner and others fled away from the spot after seeing the police. 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 said place of recovery does not belongs to the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application and similarly situated coaccused namely Birendra Yadav and Shyam Babu @ Shyam Babu Yadav have been granted anticipatory bail by co-ordinate Benches of this court vide order dated 11.06.2020 passed in Cr. Misc. No.5765 of 2020 and order dated 25.03.2022 passed in Cr. Misc. No.8058 of 2022 respectively.
Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty 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
Patna High Court CR. MISC. No.21450 of 2022(2) dt.05-08-2022 3/3 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 Udwant Nagar P.S. Case No.413 of 2019, subject to the condition as laid down under Section 438 (2) of the 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.20,000/- (Rupees Twenty Thousand) in the Juvenile Justice Fund. (Anjani Kumar Sharan, J) pallavi/- U T