Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4488 of 2022 Arising Out of PS. Case No.-35 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== PAWAN YADAV SON OF PARTE LAL YADAV R/O VILLAGE AND P.S.- PHULPARAS, DISTRICT- MADHUBANI ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Laukahi P.S. Case No. 35 of 2021, registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. As per allegation, 810 litres of liquor was recovered from a Scorpio bearing registration No. BR06PB5307. Co-accused Jai Prakash Mandal, who was sitting in that vehicle was arrested. Learned counsel for the petitioner has submitted that the petitioner was not arrested from the place of occurrence. He is only owner of the vehicle. He is a person of clean antecedents and

Patna High Court CR. MISC. No.4488 of 2022(2) dt.23-05-2022 2/2 under custody since 24.11.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case No. 35 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself/herself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T