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Patna High CourtCR. MISC./43957/2023allowed

Sudhir Yadav @ Sudhir Kumar Yadav v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43957 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== SUDHIR YADAV @ SUDHIR KUMAR YADAV SON OF RAJDEV YADAV R/O VILL. MAJHARIA, PS- BUXAR (IND.), DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.PP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. 131.4 litres of foreign liquor and country made liquor was recovered from the boat of the petitioner.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has six criminal antecedent and out of which five are similar nature. Two persons was apprehended on the spot who disclosed the name of the petitioner that the said liquor was belong to the petitioner.

5. Petitioner is agreed to deposit a sum of Rs. 60,000/- (Rupees Sixty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836,

Patna High Court CR. MISC. No.43957 of 2023(2) dt.22-08-2023 2/2 IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Buxar (Ind. Area) P.S. Case No. 116 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) 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 similar offence till conclusion of the trial.

7. The bail bond of the petitioner 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.

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