Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3807 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

DHARMENDRA YADAV, S/o Banka Yadav R/o village- Khawajepur, P.S.- Jadopur, Distt.- Gopalganj 2.

Abhishek Kumar S/o Ramashankar Yadav R/o village- Sareiya Pandey Tola, P.S.- Govindganj, Distt.- Motihari 3.

Ranjan Yadav S/o Hardev Yadav R/o village- Gausiya Baluwa Tola, P.S.- Manjhagarh, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a)/41/45 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 252 litres of illicit liquor from sugarcane field of Bidya Yadav and four persons including the petitioners were apprehended on the spot and one managed to flee away after seeing the police party.

It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Nothing was recovered from possession of the petitioners.

Patna High Court CR. MISC. No.3807 of 2020(2) dt.21-01-2020 2/2 Petitioners have no criminal antecedent and they are in custody since 10.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Manjhagarh P.S. Case No.300 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Rajiv/- U T