Ramji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73366 of 2022 Arising Out of PS. Case No.-107 Year-2020 Thana- FULKAHA District- Araria ====================================================== RAMJI YADAV S/o Late Abhi Yadav R/o Village- Manikpur, P.S.- Fulkaha, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Prasad Singh, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 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 offences punishable under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

27 litres of Nepali liquor has been recovered from a motorcycle. The son of the petitioner was apprehended at the spot.

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 there is no recovery from the conscious possession of the petitioner. It is also submitted

Patna High Court CR. MISC. No.73366 of 2022(2) dt.13-01-2023 2/3 that the petitioner is made accused in the present case as he is the owner of the said motorcycle.

Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten 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 Judge Excise-II, Arari in connection with Fulkaha P.S. Case No.107 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, 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.

Patna High Court CR. MISC. No.73366 of 2022(2) dt.13-01-2023 3/3 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