Chhotan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71671 of 2022 Arising Out of PS. Case No.-376 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== CHHOTAN YADAV Son of Jagarnath Yadav Resident of Village - Sareya, P.S.- Paharpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegedly, 77.760 litres of foreign made liquor was recovered from the dickey of the car and 11.160 litres of foreign liquor was recovered from a hut situated opposite the poultry farm of Chandeshwar Kushwaha. Petitioner and other coaccused are said to have fled away from the spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of statement of Chowkidar and villagers. Petitioner has
Patna High Court CR. MISC. No.71671 of 2022(2) dt.23-12-2022 2/3 neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The car and hut do not belong to petitioner. There is no specific allegation against the petitioner. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Paharpur P.S. Case No.376 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.
Patna High Court CR. MISC. No.71671 of 2022(2) dt.23-12-2022 3/3 (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) divyanshi/- U T