Radhey Yadav @ Ragho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2894 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Radhey Yadav @ Ragho Yadav S/O Bal Kishun Yadav Resident of villageJaysin Bigha, P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Recovery is of 150 litres of country made wine. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that as per prosecution story altogether 150 litres of country made wine has been recovered from the two motorcycles. He further submits that the petitioner is neither the owner nor the rider of the motorcycle in question and there is non compliance of Section 100 of the Cr. P.C. He further submits that similarly situated co-

Patna High Court CR. MISC. No.2894 of 2023(2) dt.04-03-2023 2/3 accused namely Nouledge Kumar @ Naulej Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 23.09.2022 in Cr. Misc. No. 49083 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 04.12.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, similarly situated co-accused person has been granted bail and the petitioner having clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bodh Gaya P.S. Case No. 361 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.2894 of 2023(2) dt.04-03-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T