Amod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6482 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== AMOD YADAV, Son of Saukhi Yadav Resident of Village - Agropatti, P.s.- Benipatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Benipatti P.S. Case No. 45 of 2021/ G.R. No. 439 of 2021, registered for the offences punishable under Sections 272, 273, 279, 337 and 338 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, total 144 litres of Nepali liquor were recovered from one honda motorcycle.

The learned counsel for the petitioner submits that petitioner is innocent and falsely implicated in this case. It is further stated that the petitioner was not present at the

2/4 alleged place of occurrence. He has been arrested only on suspicion.

The petitioner is in custody since 06.08.2021. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail.

It has further been stated that the petitioner has been made accused in Benipatti P.S. Case No. 20 of 2021. However, the learned APP for the State has opposed the prayer for bail.

Considering the facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Session Judge 2nd cum Special Judge Excise Act, Madhubani in connection with Benipatti P.S. Case No. 45 of 2021/G.R. No. 439 of 2021 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

3/4 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner 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.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

4/4 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T