Arjun Yadav @ Dhelwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 65169 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- SAHARGHAT District- Madhubani ====================================================== ARJUN YADAV @ DHELWA S/o- Bechan Yadav Resident of VillageRampur, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Saharghat Police Station (for brevity, PS) Case No 57 of 2021/GR No 923 of 2021 registered for the offence punishable under Sections 272, 273 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

There is alleged recovery of 585 liters illicit liquor from a Magic pick up vehicle. Upon chase, all the occupants of the vehicle have allegedly fled away taking advantage of darkness.

Petitioner's counsel submits that the petitioner has

Patna High Court CR. MISC. No.65169 of 2021(2) dt.31-05-2022 2/3 been remanded in this case upon his arrest in Sitamarhi PS Case No 378 of 2021, only based on statement of the village chaukidar who also happens to be a member of the patrolling party. He has remained in custody since 06.10.2021. Even as per prosecution case, there is no recovery of any incriminating material from the petitioner.

The learned APP has opposed the prayer for bail. Considering the rival submissions, period of custody, nature of implication and the fact that prosecution does not allege recovery from the petitioner's possession, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise Act, Madhubani in Saharghat PS Case No 57 of 2021/GR No 923 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.65169 of 2021(2) dt.31-05-2022 3/3 address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T