Amit Yadav @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38818 of 2023 Arising Out of PS. Case No.-68 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== AMIT YADAV @ AMIT KUMAR SON OF YOGENDRA YADAV @ YOGENDRA CHAUDHARI RESIDENT OF VILLAGE- BALAHATA, PSUCHKAGAON, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 414/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act-2016. 3.

Altogether 360 litres of illicit liquor is said to have been recovered from a Wagon-R vehicle and one co-accused was apprehended on the spot. It is alleged that petitioner and other accused fled away on seeing the police.

4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case

Patna High Court CR. MISC. No.38818 of 2023(2) dt.03-08-2023 2/3 merely on suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or the vehicle of recovery. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

5.

Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

6.

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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gopalpur P.S. Case No.68 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(i) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.38818 of 2023(2) dt.03-08-2023 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) 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.

7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee and also after verifying his criminal antecedent. If it is found that petitioner has any criminal antecedent, his bail bond shall not be accepted. (Anjani Kumar Sharan, J) pallavi/- U T