Kumod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42743 of 2023 Arising Out of PS. Case No.-464 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Kumod Yadav Son Of Late Jay Kishun Ray @ Jay Kishun Prasad Yadav Resident Of Village - Shankar Saraiya Parsauna, P.S. - Turkauliya, Distt. - East Champaran 2.

Chandrakishore Ray @ Chandrakishore Kumar Son Of Jokhu Ray @ Birendra Ray Resident Of Village - Shankar Saraiya Ahir Toli, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30 (a), 41(i) and 34 of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 50 liters of spirit is said to have recovered from the from the maize field of co-accused

Patna High Court CR. MISC. No.42743 of 2023(2) dt.10-08-2023 2/3 Ranjit Kumar. He further submits that the petitioners are not owner of the alleged maize field, they have not concern with the illicit spirit. The petitioners have no criminal antecedent as stated in para-3 of the bail application.

4. Petitioners are agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Turkauliya P.S. Case No. 464 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

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

Patna High Court CR. MISC. No.42743 of 2023(2) dt.10-08-2023 3/3 the petitioners, who will give an affidavit giving genealogy as to who he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

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