Sunil Yadav v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 272, 273
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Sujeet Kumar, Adv. Mr. Rana Randhir Singh, APP. 2 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Altogether 25.500 litres of illicit foreign liquor has been recovered from the seized motorcycle. Seeing the police, petitioner is said to have fled away from the spot leaving behind the alleged motorcycle.
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 possession of the petitioner or from his house. He has no Patna High Court CR. MISC. No.87588 of 2024(2) dt.19-12-2024 concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He is neither the owner nor the driver of the seized motorcycle. His name has been transpired in the present case merely on suspicion. He has one criminal antecedent of similar nature of offence as mentioned in para 3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the account of Lawyers’ Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: [REDACTED], Indian Bank, LNMI Branch, Bailey Road, Patna.
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 Bairiya P.S. Case No. 215 of 2024, 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.87588 of 2024(2) dt.19-12-2024 (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) That 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 after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of 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 the aforesaid amount in the account of Lawyers’ Association Welfare Benevolent Fund. (Anjani Kumar Sharan, J) divyanshi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.