Kishan Yadav @ Krishandev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69520 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Kishan Yadav @ Krishandev Yadav Son Of Ramji Yadav Resident Of Ward No.13, Village - Mohanpur, P.S. - Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 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 Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 2 liters of beer is said to have been recovered near the house of the petitioner which is joint family property. He submits that the petitioner has one criminal antecedent of

Patna High Court CR. MISC. No.69520 of 2023(2) dt.09-11-2023 2/3 similar nature as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Lawyer's Association Welfare/Benevolent fund, Patna, bearing Account No.42335550065, IFSC Code: SBIN0010340, State Bank of India, High Court Campus Branch, Patna.

5. Having regard to the facts and circumstances of the case, 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 learned Court below where the case is pending/successor Court in connection with Basopatti P.S. Case No. 181 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, 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 similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.69520 of 2023(2) dt.09-11-2023 3/3 aforesaid amount in the account of Lawyer's Association Welfare/Benevolent fund, Patna.

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