Raja Yadav @ Rishu Raj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82421 of 2023 Arising Out of PS. Case No.-321 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== RAJA YADAV @ RISHU RAJ YADAV SON OF MANEJAR YADAV R/O VILLAGE- BARGACHHIYA, P.S.- UCHKAGAON, DIST.- GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 468 and 471/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018.
3. Allegedly, 59 litres of country made liquor has been recovered from the seized pick up van. Seeing the police, all the accused persons fled away from the spot.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or any trade of
Patna High Court CR. MISC. No.82421 of 2023(2) dt.22-12-2023 2/3 liquor. He has no concern with the seized vehicle. The allegation levelled against the petitioner is general and omnibus in nature. He was not apprehended on the spot. He had not consumed liquor. He was not named in the FIR. His name has been transpired in the present case merely on suspicion. Petitioner has two criminal antecedents as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 15,000.00 (Rupees Fifteen Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. 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 Uchkagaon P.S. Case No. 321 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.82421 of 2023(2) dt.22-12-2023 3/3
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T