Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3545 of 2022 Arising Out of PS. Case No.-721 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== UMESH YADAV Son of Late Shiv Kashi Yadav Resident of Village- Sriram (Amthua), P.S.- Brahmpur (Krishnabrahm), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 354B of the Indian Penal Code and section 37(ii) of the Bihar Prohibition and Excise Act. Allegedly, petitioner entered into the house of the informant in mid night and tried to molest her and when she raised alarm, nearby people assembled and saved her and thereafter petitioner was medically examined and he was found drunken.

The main submissions advanced by the learned counsel for the petitioner are that prosecution's allegation in the FIR is completely false as informant was not expected to sleep by keeping her door open and in the FIR the time of the alleged

Patna High Court CR. MISC. No.3545 of 2022(3) dt.21-06-2022 2/3 occurrence was over-written. Against petitioner, there are six cases in which he is on bail and all these cases do not belong to Excise Act and moreover, petitioner has been languishing in jail since 29.11.2021.

Learned APP opposes the prayer for bail.

Having considered the above submissions, petitioner's custody period and also the fact that the main allegation is that the petitioner was found in drunken condition at the time of alleged occurrence and as per his counsel he is on bail in all cases shown as criminal antecedent at para 3 of the petition, a lenient approach may be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cumSpecial Judge, Excise Act, Buxar in Brahmpur (Krishnabrahm)Police Station Case No. 721 of 2021 on 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 below and shall remain physically present as directed by the Court below and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by

Patna High Court CR. MISC. No.3545 of 2022(3) dt.21-06-2022 3/3 the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition. The court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent other than cases mentioned in para-3 of the petition of the petitioner is found then the court below shall take serious action against him for cancellation of his bail bond.

(Shailendra Singh, J) s.hassan/- U T