Allowed

Prabhat Yadav @ Prabhat Kumar Yadav v. The State of Bihar

Patna HC13 Apr 2023CR. MISC./7182/2023

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to petitioners in a case involving illicit liquor offences. The court imposed conditions including a monetary deposit, a surety bond, and restrictions on future offences.

What did the court decide?

Release of petitioners on bail on furnishing a bail bond of Rs. 25,000 with two sureties and a deposit of Rs. 20,000 in the Bihar State Bar Council Welfare Fund.

Prabhat Yadav @ Prabhat Kumar Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7182 of 2023

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Arising Out of PS. Case No.-196 Year-2022 Thana- KALUAHI District- Madhubani

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

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PRABHAT YADAV @ PRABHAT KUMAR YADAV S/o Damodar Yadav R/o Village- Kaluahi Kawahi, Police Station- Kaluahi, District- Madhubani.

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Yashodar Yadav @ Ashodhar Yadav S/o Damodar Yadav R/o VillageKaluahi Kawahi, Police Station- Kaluahi, District- Madhubani.

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Damodar Yadav S/o Madhukar Yadav R/o Village- Kaluahi Kawahi, Police Station- Kaluahi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Neerad Parashar, Adv. For the Opposite Party/s : Mr.Rajesh Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 13-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272/273 and 120(B) of the Indian Penal Code and Sections 30(a)/32(1)(2)/41(1)(2) of the Bihar Prohibition and Excise Act, 2018

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Altogether, 693.93 litres illicit liquor has been recovered

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from the house of co-accused Sitaram Yadav.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious

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Patna High Court CR. MISC. No.7182 of 2023(2) dt.13-04-2023 2/3

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physical possession of the petitioners rather illicit liquor is said to have been recovered from the house of co-accused. Petitioners have no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The name of the petitioners has been transpired in this case on the basis of the information given by an unknown informer. Petitioners have been falsely implicated in this case at the instance of his enemy. They were not apprehended on the spot. They had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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Petitioners are agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) each in account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing

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Patna High Court CR. MISC. No.7182 of 2023(2) dt.13-04-2023 3/3

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bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Kaluahi P.S. Case No. 196 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

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(1) One of the bailors will be his own blood relative,

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preferably, father, mother, brother, sister and/or his wife.

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

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The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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Prabhat Yadav @ Prabhat Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhat Yadav @ Prabhat Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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