Rajesh Yadav @ Rajesh Kumar Yadav @ Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40790 of 2022 Arising Out of PS. Case No.-484 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Rajesh Yadav @ Rajesh Kumar Yadav @ Kari Yadav S/o Ram Bahadur Yadav R/o village- Piprahi, Ward No. 06, P.S.- Ghailarh (Madhepura), DistrictMadhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 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 offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

2 litres of foreign liquor and 17 litres of country made liquor has been recovered from a bush behind the house of the petitioner. The petitioner and other co-accused persons are 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 three criminal antecedents of similar nature as stated in

Patna High Court CR. MISC. No.40790 of 2022(2) dt.30-09-2022 2/3 paragraph-3 of the bail application. It is also submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 30,000/- (rupees thirty 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 Additional Session Judge-4th-cum-Special Judge, Excise Act, Madhepura in connection with Excise Case No.484 of 2021, 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

Patna High Court CR. MISC. No.40790 of 2022(2) dt.30-09-2022 3/3 similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T