Patna High CourtCR. MISC./11115/2019bail granted

Rajesh Yadav @ Kariman Yadav v. The State Of Bihar

2019-02-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11115 of 2019 Arising Out of PS. Case No.-404 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== RAJESH YADAV @ KARIMAN YADAV Lakshman Yadav Resident of Village-New Etwarpur,Bhairo Bandh Ke Pas, Police Station-Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 11763 of 2018 arising out of Parsa Bazar P.S. Case No. 404 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of 286 litres of country made liquor from the Bush.

It has been submitted on behalf of the petitioner that petitioner he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession and he is in custody since 13.12.2018.

Patna High Court CR. MISC. No.11115 of 2019(2) dt.26-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, Patna, in connection with Special Case No. 11763 of 2018 arising out of Parsa Bazar P.S. Case No. 404 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T