Sanoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50869 of 2023 Arising Out of PS. Case No.-609 Year-2022 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== 1.

Sanoj Yadav Son Of Wakil Yadav Resident Of Village - Hathi Mandal Tola, P.S. - Simri Bakhtiyarpur, District - Saharsa 2.

Akhilesh Yadav @ Akhilesh Kumar Yadav Son Of Sagar Yadav Resident Of Village - Belwara (MATKHORA), P.S. - Simri Bakhtiyarpur (KANARIYA O.P.), District - Saharsa ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30 (a), 41(1) of the Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 104.715 liters of foreign liquor is said to have recovered from the place of occurrence. He submits that the name of the petitioners surfaced in this case only due to disclosure of their name by the co-accused persons

Patna High Court CR. MISC. No.50869 of 2023(2) dt.11-08-2023 2/3 apprehended by the police. The petitioner no. 1 has two criminal antecedents and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.

4. Petitioners are agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Bakhtiyarpur P.S. Case No.609 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(1) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.50869 of 2023(2) dt.11-08-2023 3/3 who he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioners 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) anand/- U T