Bikau Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55706 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Bikau Yadav Son Of Bhaglu Yadav Village- Pakrihar, Ps- Singhwara, DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan For the Opposite Party/s :

Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 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 Sections 420, 120(B)/34 of the Indian Penal Code and Sections 30(a), 32(i) (ii), 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2937.06 litres of foreign liquor is said to have recovered from the Truck. He submits that the name of the petitioner came in this case merely on the basis of confessional statement of co-accused. He further submits that

Patna High Court CR. MISC. No.55706 of 2024(3) dt.04-10-2024 2/3 similarly situated three co-accused have been granted anticipatory bail by Co-ordinate Bench of this Court (AnnexureP/3 series of this application). The Petitioner has two criminal antecedent out of which one antecedent is of similar nature as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra 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 petitioner, 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 the learned Court below where the case is pending/successor Court in connection with Kamtaul P.S. Case No.216 of 2023, 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

Patna High Court CR. MISC. No.55706 of 2024(3) dt.04-10-2024 3/3 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) That 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 after his 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 petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

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