Chandan Kumar Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44352 of 2021 Arising Out of PS. Case No.-49 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== CHANDAN KUMAR YADAV @ CHANDAN KUMAR S/o Late Birendra Prasad Yadav @ Late Birendra Yadav @ Late Virendra Yadav R/o villageRampur Tengrahi Tola Dharampur, P.S.- Jadopur (Yadavpur), DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether 9.9 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case merely on

Patna High Court CR. MISC. No.44352 of 2021(2) dt.29-01-2022 2/3 suspicion. Petitioner has not been apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Name of petitioner transpired in this case on the basis of confessional statement of the apprehended co-accused persons but the fact is that petitioner has given his motorcycle to one Akbar Ali for treatment of his father in good faith but later on, he got information that his motorcycle has been seized by the police and Akbar Ali has been apprehended. Petitioner is a 50% handicapped person and has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.

35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.44352 of 2021(2) dt.29-01-2022 3/3 connection with Yadavpur (Jadopur) P.S. Case No.49 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions: (1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Juvenile Justice Fund.

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