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Patna High CourtCR. MISC./53394/2022allowed

Shashi Kumar Yadav v. The State Of Bihar

2022-11-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53263 of 2022 Arising Out of PS. Case No.-322 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== RAMESH KUMAR SINGH Son of Late Ram Briksh Singh Resident of Village - Sarmastpur Pakri, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53394 of 2022 Arising Out of PS. Case No.-322 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== SHASHI KUMAR YADAV Son of Raj Narayan Roy Resident of Village - Keshopur, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53263 of 2022) For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara (In CRIMINAL MISCELLANEOUS No. 53394 of 2022) For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 419, 420, 467, 468 and 471 of the Indian Penal Code as well as under Sections 30(a)/32(i)(ii)/36/41 of the Bihar Prohibition and

Patna High Court CR. MISC. No.53263 of 2022(2) dt.11-11-2022 2/3 Excise Act.

4387 litres of foreign liquor has been recovered from different vehicle. The petitioners are said to have brought the illicit liquor.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail applications. It is also submitted that there is no recovery from the conscious possession of the petitioners.

Petitioners are agree to deposit a sum of Rs. 2,00,000/- (rupees two lakh) each in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.53263 of 2022(2) dt.11-11-2022 3/3 Exclusive Special Excise Court No.1st, Muzaffarpur in connection with Sakra P.S. Case No.322 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife/husband.

(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. 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 Patna High Court Legal Services Committee, Patna.

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