Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59797 of 2022 Arising Out of PS. Case No.-322 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== 1.

BHOLA YADAV S/O Paramhansh Yadav R/O Village- Bhaluhipur, P.S- Ara Nagar, District- Bhojpur 2.

Sangam Yadav S/O Chhotai Yadav R/O Village- Bhaluhipur, P.S- Ara Nagar, District- Bhojpur 3.

Wakil Yadav S/O Durga Yadav R/O Village- Bhaluhipur, P.S- Ara Nagar, District- Bhojpur 4.

Sanjay Yadav @ Sanjay Kumar S/O Rameshwar Yadav R/O VillageBhaluhipur, P.S- Ara Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanchay Srivastava, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard the parties through virtual court proceedings. Altogether 95 litres of country made liquor is said to have been recovered from the spot. It is alleged that six persons had fled away and one person had been arrested.

Learned counsel for the petitioners submit that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of his enemies. Their names transpired in this case on the confessional statement of apprehended coaccused. Petitioners have neither been apprehended on the spot

Patna High Court CR. MISC. No.59797 of 2022(2) dt.02-12-2022 2/3 nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs.15,000.00/- (Rupees Fifteen Thousand) each in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 the learned Court below, where the case is pending/Successor court, in connection with Bhojpur Prohibition & Excise P.S. Case No. 322 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions: (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.59797 of 2022(2) dt.02-12-2022 3/3 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) 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 and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00/- (Rupees Fifteen Thousand) each in the Patna High Court Legal Services Committee.

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