Dhiraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37151 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- PAUTHU District- Aurangabad ====================================================== DHIRAJ YADAV SON OF BANDHU YADAV R/O VILLAGE- RAMPUR PARASIYA TOLA- PARASDIH, P.S.- PAUTHU, DISTRICTAURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mrs. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018. 482.4 liters of foreign liquor is said to have been recovered from a haystack.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court CR. MISC. No.37151 of 2022(2) dt.11-11-2022 2/3 conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. Petitioner has one criminal antecedent of the similar nature of the offence.

Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Member Secretary, Bihar State Legal Services Authority, bearing Account No.0380000100252472, IFS Code: PUNB0038000, Punjab National Bank.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Pauthu P.S. Case No. 27 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

Patna High Court CR. MISC. No.37151 of 2022(2) dt.11-11-2022 3/3

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. 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 Member Secretary, Bihar State Legal Services Authority.

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