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Patna High CourtCR. MISC./70729/2022allowed

Anuj Kumar @ Anuj Yadav @ Ajun Yadav v. The State Of Bihar

2023-01-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70729 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

ANUJ KUMAR @ ANUJ YADAV @ AJUN YADAV S/O Dharmdev Yadav R/O Village- Theghwa, P.S- Fesar, District- Aurangabad (Bihar). 2.

Pintu Yadav @ Nandkishor Kumar S/O Suresh Yadav R/O VillageTheghwa, P.S- Fesar, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

68.580 litres of country made liquor has been recovered behind the shop of petitioner no.1. The petitioners are said to have fled away from the place of occurrence. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.70729 of 2022(2) dt.06-01-2023 2/3 application. It is further submitted that there is no recovery from the conscious possession of the petitioners.

Petitioners are agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) each in the P.M. Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on 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 learned Special Judge, Excise, II, Aurangabad (Bihar) in connection with Fesar P.S. Case No.184 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 their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.70729 of 2022(2) dt.06-01-2023 3/3 The bail bond of the petitioners shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the PM Cares Fund.

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