Janak Kumar @ Janak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43939 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Janak Kumar @ Janak Yadav S/O Nand Yadav R/O Village- Sonkhar, Check Post, P.S.- Ramnagar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Prerna Anand, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ramnagar P.S. Case No. 142 of 2024 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that the petitioner is involved in trading of liquor and a total of 56.5 litres of country made liquor was recovered from nearby the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The F.I.R has been registered against three accused persons including the petitioner. It is submitted that nothing has

Patna High Court CR. MISC. No.43939 of 2024(2) dt.20-07-2024 2/3 been recovered either from the conscious possession or from the house of the petitioner. Petitioner has two criminal cases against him.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ramnagar P.S. Case No. 142 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- I. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. II. One of the bailors will be their own blood relation, preferably father, mother, brother, sister

Patna High Court CR. MISC. No.43939 of 2024(2) dt.20-07-2024 3/3 and or their wives.

III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused 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 the proceeding for cancellation of bail on ground of misuse.

IV. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) ravikr/- U T