Vinay Yadav @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34639 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- CHAKAND District- Gaya ====================================================== 1.
VINAY YADAV @ VINAY KUMAR Son of Inderdeo Yadav Resident of Village- Naugarh, PS- Chakand, District- Gaya. 2.
Saurabh Kumar @ Saurav Kumar @ Pintu Yadav Son of Inderdeo Yadav Resident of Village- Naugarh, PS- Chakand, District- Gaya. 3.
Sandeep @ Lallu Yadav Son of Inderdeo Yadav Resident of VillageNaugarh, PS- Chakand, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shrishti Singh For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 467, 468, 471 and 120(B) of the Indian Penal Code as well as under Sections 30(a), 36, 38 and 41(i) of the Bihar Prohibition and Excise Act. 3806.75 litres of foreign liquor has been recovered from the place of occurrence. The petitioners have been made accused in the present case on the statement of the Chowkidar. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.34639 of 2023(2) dt.24-06-2023 2/3 present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from the conscious possession of the petitioners.
Petitioners are agree to deposit a sum of Rs. 1,00,000/- (rupees one lakh) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Excl. Spl. Excise Court No.1, Gaya in connection with Chakand P.S. Case No.91 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:
(i) One of the bailors will be their own blood
Patna High Court CR. MISC. No.34639 of 2023(2) dt.24-06-2023 3/3 relatives, preferably, father, mother, brother, sister and/or their wives.
(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) S.KUMAR/- U T