Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46322 of 2023 Arising Out of PS. Case No.-715 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== RAJ KUMAR YADAV Son of Tarani Prasad Yadav Resident of Village - Bhajanpatti, Ward No.- 12, Patarghat O.P., P.S.- Sourbazar, Dist.- Saharsa ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. 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 Act.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 4 liters of country made liquor is said to have been recovered from the back side of the house of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The place of recovery is an open place and easily

Patna High Court CR. MISC. No.46322 of 2023(2) dt.19-08-2023 2/3 accessible to anyone. Petitioner has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

5. 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 Sourbazar P.S. Case No. 715 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.46322 of 2023(2) dt.19-08-2023 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. 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.

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