Arjun Kumar Yadav @ Arjun Yadav @ Dhela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47009 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- JALE District- Darbhanga ====================================================== ARJUN KUMAR YADAV @ ARJUN YADAV @ DHELA Son of Bechan Yadav Resident of Village-Ramnagar, P.S.-Saharghat, District-Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PARIJAN PASWAN S/o Hardeo Paswan Resident of Village-Lahsuna, P.S.- Masaurhi, District-Patna. At present working as Assistant Sub-Inspector, P.S.-Jale, District-Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushalesh Choudhary For the Opposite Party/s :
Mr. Akbar Ali ====================================================== 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 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
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 585 liters of Nepali liquor is said to have been recovered from a colored Scorpio without number vehicle and three persons were apprehended who disclosed that the said liquor was
Patna High Court CR. MISC. No.47009 of 2023(2) dt.19-08-2023 2/3 brought for 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. Petitioner has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. Petitioner has two criminal antecedents of similar nature of the offence as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty 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 Jale P.S. Case No. 42 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,
Patna High Court CR. MISC. No.47009 of 2023(2) dt.19-08-2023 3/3 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. (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