Puranjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67683 of 2022 Arising Out of PS. Case No.-39 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== PURANJAY KUMAR YADAV Son of Late Mohan Yadav R/v- Ghoda Dihari, P.S.- Madanpur District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madanpur P.S. Case no. 39 of 2020 instituted for the offence under Sections 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 735 litres of spirit and 6.4 litres country made liquor along with a passion pro motorcycle were recovered from the bank of river keshar. The alleged motorcycle belongs to the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.67683 of 2022(2) dt.09-12-2022 2/3 concern with the alleged recovery. Because of his ownership, he has been implicated in the present case. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 20,000/- (Rs. Twenty thousand) in the concerned DLSA.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madanpur P.S. Case no. 39 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court no. 1, Aurangabad (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 20,000/- (Twenty thousand only) by the petitioner in the account

Patna High Court CR. MISC. No.67683 of 2022(2) dt.09-12-2022 3/3 of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U