Allowed

Radhey Shyam Yadav v. The State of Bihar

Patna HC20 Apr 2023CR. MISC./6003/2023

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a liquor prohibition case. The court allowed surrender within 12 weeks subject to furnishing bail bonds and sureties, citing the petitioner's clean antecedents and lack of substantive evidence against him.

What did the court decide?

Petitioner granted anticipatory bail in event of arrest or surrender within 12 weeks, to furnish bail bonds of Rs. 10,000 with two sureties of like amount.

Radhey Shyam Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6003 of 2023

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Arising Out of PS. Case No.-10 Year-2022 Thana- JAGDISHPUR District- Bhojpur

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

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Radhey Shyam Yadav Son Of Parojan Yadav Resident Of VillageRoopbandh, P.S.- Jagdishpur, District- Bhojpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr.Ajay Kumar Singh, Advocate For the Opposite Party : Mr.Veena Kumari Jaiswal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 20-04-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections-30(a)(d) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 70 liters wine is recovered.

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It has been submitted on behalf of the petitioner that that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 70 liters wine is

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Patna High Court CR. MISC. No.6003 of 2023(2) dt.20-04-2023 2/2

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recovered by side of the river in an abandoned state. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.)

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special JCourt-Ist, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 10 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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A.K.V.//- U T

Radhey Shyam Yadav v. The State of Bihar

Case brief

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Radhey Shyam Yadav v. The State of Bihar

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