Surendra Kumar Yadav @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74702 of 2022 Arising Out of PS. Case No.-388 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SURENDRA KUMAR YADAV @ SURENDRA YADAV Son of Bindeshwari Yadav Resident of Village- Bahorva Jhajhra, P.S.- Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2023 Heard the parties.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272/ 273/ 420/34 of the IPC and 30(a)/32/36/41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Altogether 450.750 litres of foreign liquor is said to have been recovered from a Tata Pickup van and driver was apprehended on the spot, who disclosed that the same was to be delivered to petitioner and other persons.
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
Patna High Court CR. MISC. No.74702 of 2022(2) dt.18-03-2023 2/3 the confessional statement of the apprehended co-accused. Petitioner has 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. He is not the owner of the seized Pick Up van. Petitioner has three criminal antecedents, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.50,000.00/- (Rupees Fifty 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 Kusheshwarasthan P.S. Case No.388 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.74702 of 2022(2) dt.18-03-2023 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.50,000.00/- (Rupees Fifty Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T