Udgar Yadav @ Ram Udgar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42152 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== UDGAR YADAV @ RAM UDGAR YADAV S/O VINDESHWAR YADAV Resident of village- Sohpur, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-11-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272,273 of IPC and Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 03.03 liters of illicit liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that it appears from the FIR that the alleged recovery has been made from the motorcycle in question. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.42152 of 2022(2) dt.11-11-2022 2/3 petitioner has no concern at all with the alleged recovery of liquor or the motorcycle in question and only on the basis of suspicion the name of the petitioner has falsely been implicated in the present case and no case is made out against the petitioner under Sections 272 and 273 of IPC and Section 30(a) of Bihar Prohibition and Excise Act.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, 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 bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Basopatti P.S. Case No. 215 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.42152 of 2022(2) dt.11-11-2022 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T