Bikram Yadav @ Vikram Yadav @ Vikram Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25540 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Bikram Yadav @ Vikram Yadav @ Vikram Kumar Singh Son Of Bhola Yadav R/O Village- Sagarpur, P.S.- Sakri, District- Madhubani At Present Village And P.S.- Pandaul, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner 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.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a), 36, 38, 41(1) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2716.560 liters of foreign
Patna High Court CR. MISC. No.25540 of 2022(2) dt.12-08-2022 2/3 liquor is said to have recovered from the poultry form. He further submits that petitioner has six criminal antecedent of similar nature as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 1,50,000.00 (Rupees One Lakh Fifty Thousand) in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna, bearing Saving Account No. 35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code- 153, IFSC Code-SBIN0000153.
Considering the facts and circumstance of the case, let 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 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 Pandaul P.S. Case No. 217 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.25540 of 2022(2) dt.12-08-2022 3/3 inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna.
(Anjani Kumar Sharan, J) devendra/- U T