Amrendra Yadav @ Amindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2533 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== Amrendra Yadav @ Amindra Yadav, S/o Binda Yadav, R/o Village- Chandaul, P.S.- Rafiganj, District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lal Bahadur Singh For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner in the present case is seeking regular bail in connection with Rafiganj P.S. Case No.17 of 2019 registered for the offence punishable under Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no recovery of illicit liquor from the possession or house of the petitioner and his name has been brought in this case by mistake of identity and the petitioner has no criminal antecedent.
Learned APP has opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that
Patna High Court CR. MISC. No.2533 of 2020(3) dt.20-03-2020 2/2 there is no recovery of illicit liquor from the possession or house of the petitioner and further submission that the name of the petitioner has been brought in this case by mistake of identity and the petitioner has no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Rafiganj P.S. Case No.17 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T