Patna High CourtCR. MISC./72/2019disposed

Amit Yadav v. The State Of Bihar

2019-01-25Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- HASANPUR District- Samastipur ====================================================== Amit Yadav Son of Lalan Yadav Resident of Village - Malhipur, Police Station - Hasanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Hasanpur P.S. Case No. 204 of 2018 registered for the offence punishable under Sections 30(A), 41, 47 of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 51.300 litres of foreign liquor from the house of petitioner. While rejecting the regular bail petition Special court has found that in paragraph 36 of the case diary it has been stated that petitioner has criminal antecedent.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, after six months of custody the petitioner

Patna High Court Cr.Misc. No.72 of 2019(3) dt.25-01-2019 2/2 would be enlarge on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge, Excise, Samastipur, in connection with Hasanpur P.S. Case No. 204 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers 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 petitioner.

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