Anup Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24010 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Anup Yadav Son of Late Narayan Yadav Resident of Village - Rajpura, Police Station and District - Jamui (Bihar).

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chanan P.S. Case No. 18 of 2022 lodged under Section 37(B)(c) of Bihar Prohibition and Excise (Amendment) Act, 2021. The allegation in the F.I.R. against the accused persons is of consumption of liquor.

Learned counsel for the petitioner submits that nothing was recovered from the possession of petitioner, only allegation of consumption of liquor is there, which has been identified in breath analyzer test. Learned counsel for the petitioner further submits that petitioner is in custody since

Patna High Court CR. MISC. No.24010 of 2022(2) dt.17-08-2022 2/3 08.02.2022, chargesheet has already been filed in this case and petitioner having one criminal antecedent in which he is on bail. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV-Cum-Special Excise Court1st, Lakhisarai in connection with Chanan P.S. Case No. 18 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.24010 of 2022(2) dt.17-08-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T