Sitaram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14749 of 2021 Arising Out of PS. Case No.-522 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== SITARAM YADAV Son of Ras Bihari Yadav Resident of Village- Suphi, Balua, Police Station- Brahmpur, District- Buxar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Adv For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with C.I.S. No. 1010 of 2020, arising out of Brahmpur P.S. Case No. 522 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
Patna High Court CR. MISC. No.14749 of 2021(2) dt.21-08-2021 2/3 15 litres illicit mahua wine is allegedly recovered from the petitioner's motorcycle. Based on such implication he is in custody now since 28.9.2020.
It is submitted by learned counsel for the petitioner that on account of his criminal antecedents he has been dragged in this case. Recovery is not in accordance with law and the petitioner has falsely been implicated in this case. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-Cum-Special Judge Excise, Buxar in C.I.S. No. 1010 of 2020, arising out of Brahmpur P.S. Case No. 522 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the
Patna High Court CR. MISC. No.14749 of 2021(2) dt.21-08-2021 3/3 address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T