Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32368 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- PALASI District- Araria ====================================================== 1.

Sanjay Yadav Son of Arji Lal Yadav Resident of Village - Chararhi, P.S. - Palasi, District - Araria.

2.

Subodh Yadav Son of Arji Lal Yadav Resident of Village - Chararhi, P.S. - Palasi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Learned counsel for the petitioners submits that petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to the petitioner no. 2 Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to the petitioner no. 2. Heard learned counsel for the petitioner and learned APP for the State.

Patna High Court CR. MISC. No.32368 of 2021(2) dt.17-12-2021 2/3 The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 99.700 liters of foreign liquor is said to have been recovered from the battle shop of the co-accused. He submits that petitioner has been made accused on the confessional statement of co-accused. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstances of the case and the fact that there is no recovery from the conscious possession of the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on

Patna High Court CR. MISC. No.32368 of 2021(2) dt.17-12-2021 3/3 furnishing bail bond 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 Special Case No. 565 of 2020 arising out of Palasi P.S. Case No. 232 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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