Siyaram Yadav @ Siya Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27777 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== SIYARAM YADAV @ SIYA RAM SINGH, S/o Ramagaya Yadav, Resident of Village - Naubat, P.S. - Chand, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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, 2016.

Liquor was allegedly recovered from a ditch by the side of the poultry farm of the petitioner.

Submission is that there is no material that the petitioner was conscious about that liquor nor the same was recovered from the possession or property of the petitioner. Petitioner has got no criminal antecedent. Further submission is

Patna High Court CR. MISC. No.27777 of 2020(2) dt.26-11-2020 2/2 that place of recovery is accessible by any one. Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chand Police Station Case No. 65 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T