Yadawlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25593 of 2020 Arising Out of PS. Case No.-282 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== YADAWLAL YADAV, Son of Kapildew Yadav @ Kapildev Ray, Resident of Village- Siswa, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul, Adv.
For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner that there is no
Patna High Court CR. MISC. No.25593 of 2020(2) dt.30-09-2020 2/3 recovery from the conscious possession of the petitioner. There is recovery of Total 99 liters of Nepali Kasturi wine from the motorcycle left by the co-accused. On the basis of confessional statement of co-accused namely Bhulan Mahto, petitioner has been made accused in this case. He further submits that the seized motorcycle and Nepali liquor does not belong to the petitioner. The petitioner is in jail custody since 16.02.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.
Learned APP for the State opposed the prayer for bail petition.
Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to 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 Special Judge Excise Act, East Champaran, Motihari in connection with Raxaul P. S. Case No.282 of 2019.
Patna High Court CR. MISC. No.25593 of 2020(2) dt.30-09-2020 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund.
(Anjani Kumar Sharan, J) amitkumar/- U T