Dilip Kumar Yadav @ Dilip Yadav @ Deelip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2338 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== Dilip Kumar Yadav @ Dilip Yadav @ Deelip Yadav, Son of Shivji Yadav, Resident of Village - Saho, P.S.- Biraul, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Singhiya P.S. Case No. 154 of 2019 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 4271.520 litres of foreign liquor was recovered from a truck which was seized on the Phulhara road.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and petitioner has been made accused in this case only on the basis that mobile number of the petitioner was saved in the mobile of the co-accused person. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is a patrakar and has no concern with the alleged recovery. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.2338 of 2020(2) dt.26-02-2020 2/2 Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Additional Sessions Judge-II cum Special Judge, Excise, Samastipur in connection with Singhiya P.S. Case No. 154 of 2019 on the following conditions: "(1) Petitioner shall cooperate 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) Ankit/- U T