Abha Yadav @ Abhyas Yadav @ Abhyas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39697 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== ABHA YADAV @ ABHYAS YADAV @ ABHYAS KUMAR Son of Visho Yadav @ Vishundeo Yadav Resident of Village - Chhoti Bandehra, P.S.- Pasraha, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. Recovery of liquor is alleged from the Hut of the petitioner in the field side. All the three brothers of the petitioner are accused in this case. Petitioner has got no criminal antecedent.

Submission is that the petitioner was not there at the time of recovery and place of recovery is accessible by anyone. Considering the submission aforesaid, let the

Patna High Court CR. MISC. No.39697 of 2021(2) dt.13-12-2021 2/2 petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pasraha P.S.Case No.105 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) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T