Byas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68360 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== BYAS YADAV Son of Bansi Yadav Resident of Village- Sipah Khas, P.S.- Bishambharpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

493.400 litres of country made liquor was recovered from the place of occurrence. The police has also recovered one motorcycle.

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

Patna High Court CR. MISC. No.68360 of 2022(2) dt.25-02-2023 2/3 the petitioner is said to have fled away from the place of occurrence after seeing the police.

Petitioner is agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) in the account of 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 petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Gopalganj in connection with Bishambharpur P.S. Case No.91 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 his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.68360 of 2022(2) dt.25-02-2023 3/3 similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) S.KUMAR/- U T