Prashant Kumar Yadav @ Vikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37310 of 2024 Arising Out of PS. Case No.-277 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Prashant Kumar Yadav @ Vikki Yadav son of Bhagwan Prasad Yadav VillageNarahiya Goth, Narahiya OP, Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. 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 486 liters of Nepali liquor is said to have recovered from the Scorpio vehicle. He submits that on the date of occurrence the petitioner was not present in the vehicle rather he was at his house, merely on the basis of suspicion and the statement of co-accused the name of the petitioner has been transpired in the present case. He further

Patna High Court CR. MISC. No.37310 of 2024(2) dt.17-05-2024 2/3 submits that petitioner has no criminal antecedent and has been languishing in custody since 16.02.2024.

4. Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Phulparas P.S. Case No. 277 of 2023, subject to following conditions that:

(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 inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in

Patna High Court CR. MISC. No.37310 of 2024(2) dt.17-05-2024 3/3 any other case of similar nature after their 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.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) anand/- U T