Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4082 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Arvind Yadav Son of Late Hari Lal Yadav, resident of Village- Mausidih, P.S.- Dobhi, Distt- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No.612 of 2019 registered for the offence under Section 30(d) of the Bihar Prohibition and Excise Act,2016.

It is case of recovery of 1320 Kg of Mahua flower from a godown.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case since nothing has been recovered from his conscious possession, rather it is recovered from a godown, which was being used by many other village people for keeping the bags of Mahua flower for the purpose of cattle's feed. It is further submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with

Patna High Court CR. MISC. No.4082 of 2020(2) dt.22-01-2020 2/2 respect to search and seizure. There is no allegation against the petitioner of tampering with the evidence and petitioner is in custody since 26.12.2019 having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Sherghati (Dobhi) P.S. Case No.612 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) nawalkrs/- U T