Pradip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42674 of 2021 Arising Out of PS. Case No.-100 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== PRADIP YADAV Son of Sadhu Yadav Resident of Village - Lodipur, P.S.- Pakaribarawan, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Kashichak P.S. Case No.100 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 447 litres of country made liquor has been recovered from a Scorpio vehicle. Name of the petitioner surfaced in the case on the basis of confessional statement of a co-accused, Baliram Kumar. It is further submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.42674 of 2021(4) dt.25-03-2022 2/3 Petitioner is ready to deposit a sum of Rs.25,000/- (rupees twenty five thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. Considering the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, 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 learned Additional District Judge-II-cumSpecial Judge, Excise Act, Nawada in connection with Kashichak P.S. Case No.100 of 2019, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond.

Patna High Court CR. MISC. No.42674 of 2021(4) dt.25-03-2022 3/3

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.25,000/- (rupees twenty five thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

(Anjani Kumar Sharan, J.) Sanjay/- U T