BIRO YADAV v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Ranjeet Kumar Singh, Adv Mr. Syed Ehteshamuddin, APP 2 22-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Excise Act, 2016. Altogether 382.980 litres of foreign liquor is said to have been recovered from a banana orchard. Allegation against him is that after seeing police, he fled away from the spot.

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 Patna High Court CR. MISC. No.10454 of 2022(2) dt.22-07-2022 due to monopoly of police. His name transpired in this case on the basis of suspicion. 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 further submits that the alleged place of occurrence does not belongs to the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC [REDACTED], 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 Pasraha P.S. Case No.94 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as Patna High Court CR. MISC. No.10454 of 2022(2) dt.22-07-2022 also the following conditions. (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.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee. (Anjani Kumar Sharan, J) shikha/- U T