Shaligram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22555 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- KURSAILA District- Katihar ====================================================== Shaligram Yadav, Son of Hari Yadav, Resident of Chakla Maula Nagar, P.S.- Falka, O.P.- Pothiya, District - Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Kursela P.S. Case No. 71 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. It is being submitted by learned counsel for the petitioner that the petitioner had already sold the motorcycle to one Amjad Ali much before the date of occurrence and in support of the same the petitioner has annexed the sale letter of the motorcycle at Annexure-3 to this bail application.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail till submission of charge-sheet on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.22555 of 2022(2) dt.06-05-2022 2/2 with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum- Special Judge, Excise, Katihar, in connection with Kursela P.S. Case No. 71 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall join the investigation by approaching the Investigating Officer and produce the relevant documents about transfer of the motorcycle, in question, to Amjad Ali. If during the investigation it comes that it is Amjad Ali, who was the owner of the motorcycle at the time of occurrence then the anticipatory bail granted to the petitioner shall be confirmed by the Court below after submission of the chargesheet. If during the investigation, it comes that it is the petitioner, who was the owner of the motorcycle at the time of occurrence and he has produced false and fake paper for obtaining the bail, then the petitioner shall be dealt with in accordance with law.

(Sandeep Kumar, J) pawan/- U T