Ramanand Yadav @ Ramanand Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8546 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- KESARIA District- East Champaran ====================================================== RAMANAND YADAV @ RAMANAND PRASAD YADAV Son of Late Chirkut Rai R/V- Kushahar Dumma, P.S- Kesariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Kesariya P.S. Case No. 407 of 2022, registered for the offence punishable under Sections 30(a), 33, 36, 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to malafide. No incriminating article has been recovered from the conscious possession of the petitioner and he is in custody since 01.12.2022. He has been made accused in the present case on the disclosure of chaukidar.

Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.8546 of 2023(2) dt.03-05-2023 2/2 Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, 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 the learned Special Judge, Excise Court No. 2, Motihari, East Champaran in connection with Kesariya P.S. Case No. 407 of 2022.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Kesariya Police Station, DistrictMotihari, East Champaran, on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T