Allowed

Shiv Kumar Yadav v. The State of Bihar

Patna HC16 Dec 2022CR. MISC./66152/2022

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Shiv Kumar Yadav in a case concerning illegal liquor possession under the Bihar Prohibition and Excise Act. The petitioner was released upon depositing Rs. 30,000 and furnishing a bail bond of Rs. 25,000 with two sureties, subject to conditions including surrender within six weeks and non-repetition of offences.

What did the court decide?

Petitioner released on bail within six weeks by depositing Rs. 30,000 and furnishing a bail bond of Rs. 25,000 with two sureties.

Shiv Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66152 of 2022

¶2

Arising Out of PS. Case No.-560 Year-2022 Thana- SIWAN MUFFASIL District- Siwan

¶3

======================================================

¶4

Shiv Kumar Yadav S/O Late Hirdaya Yadav R/O Village- Imnouli, P.SMairwa, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Kumari Anupam, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, APP. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

2 16-12-2022

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State through virtual Court proceedings.

¶14

The petitioner apprehends his arrest in a case registered for the offences punishable under 30(a) of the Bihar Prohibition and Excise Act.

¶15

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 633.760 liters of illegal liquor has been recovered from the Scorpio. He submits that petitioner is neither the driver nor the owner of the said vehicle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely

¶16

Patna High Court CR. MISC. No.66152 of 2022(2) dt.16-12-2022 2/3

¶17

implicated in this case at the instance of his enemy. He was not apprehended on the spot. Petitioner has clean antecedent as mentioned in para-3 of this application.

¶18

Petitioner is agreed to deposit a sum of Rs. 30,000.00 (Rupees Thirty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

¶19

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 of the satisfaction of learned Court below where the case is pending/successor Court in connection with Siwan Muffasil P.S. Case No. 560 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

¶20

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

¶21

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

¶22

Patna High Court CR. MISC. No.66152 of 2022(2) dt.16-12-2022 3/3

¶23

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 Patna High Court Legal Services Committee.

¶24

(Anjani Kumar Sharan, J)

¶25

guddukr/-

¶26

U T

Shiv Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kal Sundaran Vs The State Of Bihar

Kal Sundaran Vs The State Of Bihar

Deepak Shanti Lal Parekh @ Deepak Parekh Vs The State Of Bihar

Mahendra Choudhary Vs The State of Bihar

Akshay Kumar Vs The State of Bihar

Ranjit Mishra @ Ranjit Kumar Mishra Vs The State of Bihar