Sonu Yadav @ Sonu Kumar @ Sonu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72572 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== SONU YADAV @ SONU KUMAR @ SONU KUMAR YADAV Son of Vijay Yadav R/o village - Makhdumsarai, Ward No.- 38, P.S.- Sarai, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra For the Opposite Party/s:
Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a), 32(i), 32(ii), 41(i), 41(ii) of Bihar Prohibition and Excise (Amendment) Act, 2022. Altogether 428.800 liters of country made liquor is said to have been recovered from the place of occurrence. The allegation against the petitioner is that the said illicit liquor belongs to the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either
Patna High Court CR. MISC. No.72572 of 2022(2) dt.13-01-2023 2/3 with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of suspicion. The petitioner is not the owner of the house nor he is a tenant of that house from which the illicit liquor has been recovered. Petitioner has one criminal antecedent. Petitioner is agreed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand) in the PM 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.
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 Siwan Excise P.S. Case No.135 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
Patna High Court CR. MISC. No.72572 of 2022(2) dt.13-01-2023 3/3 (i) 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 aforesaid in the PM Cares fund.
(Anjani Kumar Sharan, J) shikha/- U T