Amarjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74467 of 2022 Arising Out of PS. Case No.-453 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

AMARJEET YADAV S/O VIJAY YADAV @ VIJAY RAI Resident of village- Kurum Tola, P.S.- Sugauli, District- East Champaran. 2.

SUJEET YADAV S/O VIJAY YADAV @ VIJAY RAI Resident of villageKurum Tola, P.S.- Sugauli, District- East Champaran. 3.

BABLU YADAV S/O LATE JHOTI RAI Resident of village- Kurum Tola, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

618.48 litres of foreign liquor has been recovered from the sugarcane field of Amarjeet Yadav. It is alleged that the petitioners had kept the said illicit liquor for sale. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners no.1 and 3 have

Patna High Court CR. MISC. No.74467 of 2022(2) dt.13-01-2023 2/3 got two criminal antecedents of similar nature whereas petitioner no.2 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 petitioners.

Petitioners No.1 and 3 are agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) and petitioner no.2 is agree to deposit a sum of Rs.20,000/- (rupees twenty 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 petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Sugauli P.S. Case No.453 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions

Patna High Court CR. MISC. No.74467 of 2022(2) dt.13-01-2023 3/3 that:

(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners 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