Rahul Yadav @ Rahul Kumar @ Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1033 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- BITHAN BAZAR District- Samastipur ====================================================== RAHUL YADAV @ RAHUL KUMAR @ RAHUL KUMAR YADAV Son of Late Upendra Yadav Resident of Village - Sohma, P.S.- Bithan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Dhar Jha For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 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) of Bihar Prohibition and Excise (Amendment) Act.

Altogether 219.600 liters of foreign liquor is said to have been recovered from the bamboo clamp of one Arvind Sah. 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 or his house. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his

Patna High Court CR. MISC. No.1033 of 2023(2) dt.20-01-2023 2/3 enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of secret information. He further submits that the said recovery has been made from the bamboo orchard of Arvind Sah and the petitioner has no concern with it. Petitioner has one criminal antecedent. Petitioner is agreed to deposit a sum of Rs.30,000/- (Rupees Thirty 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 Bithan P.S. Case No.143 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.1033 of 2023(2) dt.20-01-2023 3/3 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