Sanjeet Yadav @ Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55265 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Sanjeet Yadav @ Kari Yadav Son of Ram Babu Yadav Resident Of VillageMahthaur, Ward No. 2, P.S.- Basopatti, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-09-2023 Heard Mr. Ravi Prakash, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Basopatti P.S. Case No. 119 of 2023, registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a)/45 of the Bihar Prohibition and Excise Act, 2022.

3. The police on an information regarding the involvement of co-accused in paddling of liquor apprehended co-accused 'Santosh Yadav', and in course of search, 135 liters of illicit liquor was recovered. The apprehended persons also disclosed the name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.55265 of 2023(2) dt.13-09-2023 2/3 petitioner submits that save and except the disclosure made by the apprehended person, there is no material suggesting the involvement of the petitioner. He next submits that the petitioner has neither any concern with the motorcycles, which have been seized by the police nor with the illicit wine, which is recovered from an open place (Brahm Asthan orchard Mahthaur). He next submitted that the petitioner is a man of fair antecedent and he undertakes that he will fully co-operate in the investigation or in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that a huge quantity of illicit wine has been recovered.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place and the petitioner has no concern with the seized vehicles coupled with the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.55265 of 2023(2) dt.13-09-2023 3/3 Sessions Judge - II - cum - Special Judge, Madhubani in connection with Basopatti P.S. Case No. 119 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T