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Patna High CourtCR. MISC./36507/2022allowed

Baliram Kumar @ Baliram Yadav v. The State Of Bihar

2022-09-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36507 of 2022 Arising Out of PS. Case No.-281 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== BALIRAM KUMAR @ BALIRAM YADAV Son of Rajdeo Yadav Resident of Village - Dalli Bigha, Police Station- Belaganj in the District of Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

45 litres of country made liquor has been recovered from the place of occurrence. Two persons were apprehended at the spot who disclosed the name of the petitioner. The petitioner is said to have fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. There is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.36507 of 2022(2) dt.23-09-2022 2/2 Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) in Bihar State Legal Services Authority bearing Account No.0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.

Taking into consideration 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 Special Judge, Excise, Gaya in connection with Belaganj P.S. Case No.281 of 2019, 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 his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T