Dilip Yadav @ Dilip Kumar @ Langra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2050 of 2023 Arising Out of PS. Case No.-765 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== DILIP YADAV @ DILIP KUMAR @ LANGRA S/O MAHAVIR YADAV Resident of village- Pirasin, P.S.- Dobhi, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheikh Arkan Ahmad For the Opposite Party/s :
Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
50.250 litres of foreign liquor is said to have been recovered from two bags hanging on a motorcycle. The apprehended person disclosed that petitioner is a delivery boy. 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.2050 of 2023(2) dt.16-03-2023 2/3 that similarly situated co-accused person has already been enlarged on anticipatory bail by this Court vide order dated 26.07.2022, passed in Cr. Misc. No.11287 of 2022. Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
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 Excise Judge, 2nd, Gaya in connection with Sherghati (Dobhi) P.S. Case No.765 of 2021, 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
Patna High Court CR. MISC. No.2050 of 2023(2) dt.16-03-2023 3/3 similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) S.KUMAR/- U T