Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46957 of 2021 Arising Out of PS. Case No.-280 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== KAILASH YADAV S/o LATE BAUKA YADAV @ JAGSHWAR YADAV R/o VILLAGE-BELA SHANKAR, P.S-UNIVERSITY, DISTRICTDARBHANGA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code, Section 30(a) of the Bihar Prohibition and Excise Act and Sections 20/22 of the N.D.P.S. Act. Liquor was recovered from the motorcycle as well as cattle shed of the petitioner. Son of the petitioner has already been allowed anticipatory bail by a co-ordinate Bench of this Court vide order at Annexure-3. Petitioner has got no criminal antecedent. Petitioner was not there at the time of recovery. Considering no criminal antecedent of the

Patna High Court CR. MISC. No.46957 of 2021(2) dt.21-12-2021 2/2 petitioner and grant of anticipatory bail to the son of the petitioner by a co-ordinate Bench, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with L.N.M.U P.S. Case No. 280 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T