Shree Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45280 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== SHREE YADAV SON OF BHGAWAN YADAV RESIDENT OF VILLAGEEKRAMA, PS- CHEWARA, DIST- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Chewara P.S. Case No. 41 of 2023 instituted under under Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act lodged on 30.5.2023 by the informant,Md. Kaushar Alam. As per the prosecution story, upon knowledge that Shree Yadav is manufacturing liquor in the field, the police raided the spot, the accused escaped and 10 liters of country made liquor was recovered/seized. Accordingly, the FIR. Learned counsel for the petitioner submits that the alleged recovery is from an open place. He has enmity with the local 'Chowkidar' in the village, has been named and do not have criminal antecedent.

Learned APP opposes the prayer.

Patna High Court CR. MISC. No.45280 of 2023(2) dt.04-08-2023 2/3 Considering the fact that he do not have criminal antecedent and the alleged recovery is from an open place, this Court is inclined to extend him privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Chewara P.S. Case No. 41 of 2023 to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.45280 of 2023(2) dt.04-08-2023 3/3 attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T