Gulab Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6201 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== Gulab Yadav S/O Yogendra Sah R/o village- Rankataul Parkauli, P.S.- Arer, District- Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Ratanakar Jha, Advocate.
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in a case registered for the offences punishable under Sections 272, 273/34 of Indian Penal Code and Section 30(a, 41,44) Bihar Prohibition and Excise Act. Allegedly from the house of co-accused Lila devi 279.750 litres country made wine kept in several bottles was recovered and petitioner was involved in the alleged crime. The main submissions advanced by learned counsel for the petitioner are that this petitioner was not arrested at the spot and the alleged recovery of wine is stated to have been
Patna High Court CR. MISC. No.6201 of 2022(2) dt.21-06-2022 2/3 made from the house of co-accused who did not disclose the name of this petitioner and he was not arrested at spot, petitioner's name surfaced in the statement of co-accused Shambhu Sah who has been granted bail and against the petitioner there are three criminal cases but he is already on bail in two cases. Learned APP has opposed the prayer for bail.
In view of above submissions and considering the recovery of alleged wine being made from the house of co-accused and not from the conscious possession of this petitioner and the prosecution has not drawn the attention of this Court in respect of any legal evidence being against this petitioner connecting him to the alleged recovery of wine and the petitioner has been languishing in jail since 28.8.21 and he has taken plea that he has been released on bail in two cases which have been shown as his criminal antecedent, accordingly in the light of these facts a lenient approach can be taken in respect of the petitioner's prayer let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of like amount each to the satisfaction of concerned Court in connection with Benippati P.S. case No. 160 of 2021 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.6201 of 2022(2) dt.21-06-2022 3/3 properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.
(4) The Court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent other than of three cases mentioned in this petition, of the petitioner is found then the Court below shall take serious action against him for cancellation of his bail bond. (Shailendra Singh, J) siddharthkr/- U T