Saravjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70760 of 2022 Arising Out of PS. Case No.-126 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== SARAVJEET YADAV S/o Virendra Yadav R/v- Neur Pokhar, Tenduni, P.S.- Jagdishpur, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(A) and 30(G) of the Bihar Prohibition and Excise Act. 310 litres of country made liquor has been recovered from a tempo.

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 the petitioner is the owner of the tempo, therefore, he has also been made accused in the present case. It is also submitted that petitioner has given his

Patna High Court CR. MISC. No.70760 of 2022(2) dt.06-01-2023 2/3 tempo to one, Santosh Singh on rent of Rs.500/- per day. Later on he got information that his tempo is seized and owner of the said tempo is also made accused in the present case. It is lastly submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs.25,000/- (rupees twenty five thousand) 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 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 Exclusive Special Excise Judge-I, Bhojpur, Ara in connection with Jagdishpur P.S. Case No.126 of 2020, 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,

Patna High Court CR. MISC. No.70760 of 2022(2) dt.06-01-2023 3/3 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. The bail bond of the petitioner 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