Kranti Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9969 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- AANDAR District- Siwan ======================================================

1. KRANTI YADAV aged about 23 years (M) S/o Umesh Yadav resident of village-Dahabari, P.S-Ander, Dist.-Siwan.

2. Mukesh Yadav aged about 25 (M) S/o Umesh Yadav resident of villageDahabari, P.S-Ander, Dist.-Siwan.

3. Taiyab @ Ashraf Ali @ Ashraf @Taiyab Ali aged about 22 year (M) S/o Afzal Ali resident of village-Pachbarwan, P.S-Ander, Dist.-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioners seek bail in Ander P.S. Case No. 71 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30, 41 of the Bihar prohibition and Excise Act, 2016.

Allegation is recovery of 13.320 litres foreign liquor from the dickey of a car which was allegedly being boarded by four persons.

Patna High Court Cr.Misc. No.9969 of 2019(2) dt.19-02-2019 2/3 It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case on the basis of suspicion. It has further been submitted that petitioners were not present in the car and they have been made scapegoat in the case by the police. Petitioners have been remanded in this case on 08.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 2nd-cum-Sepcial Judge, Excise, Siwan in connection with Ander P.S. Case No. 71 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar

Patna High Court Cr.Misc. No.9969 of 2019(2) dt.19-02-2019 3/3 nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

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