Tej Narayan Yadav @ Tej Narayan @ Gudul Yadav @ Tejan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45833 of 2022 Arising Out of PS. Case No.-657 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== TEJ NARAYAN YADAV @ TEJ NARAYAN @ GUDUL YADAV @ TEJAN YADAV SON OF SRI RAM NATH YADAV R/O VILLAGE- CHHAT NAWAR, P.S.- BRAHMPUR (KRISHNA BRAHM), DISTRICT- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Singh, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Excise Prohibition Amendment Act, 2018.
Altogether 450 litres of country made liquor is said to have been recovered from the ruin house situated in front of house of one Timal Yadav. It is alleged that on seeing the police, petitioner and others fled away from the spot and local people disclosed their name.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged
Patna High Court CR. MISC. No.45833 of 2022(2) dt.21-10-2022 2/3 in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of disclosure of his name by local people. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said place of recovery does not belongs to the petitioner. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand) in the Bihar State Legal Services Authority, Budh Marg, Patna bearing Account No.0380000100252472, IFSC PUNB0038000, Punjab National Bank.
Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Brahmpur (Krishna Brahm) P.S. Case No.657
Patna High Court CR. MISC. No.45833 of 2022(2) dt.21-10-2022 3/3 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00/- (Rupees Twenty Five Thousand) in the Bihar State Legal Services Authority.
(Anjani Kumar Sharan, J) pallavi/- U T