Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9334 of 2022 Arising Out of PS. Case No.-563 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Munna Yadav Son of Rohan Yadav Resident of Village- Mastanganj, P.SAkbarpur, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Akbarpur P.S. Case No. 563 of 2019 registered for the offence under Sections 30(a) and 30 (D) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 02.09.2021.

The allegation against accused/petitioner is to have in possession of 100 liters of illicit country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit country made liquor

Patna High Court CR. MISC. No.9334 of 2022(2) dt.08-06-2022 2/3 has been made from an open field. It has further been submitted that so far as criminal antecedent of the petitioner is concerned, he has been involved in similar nature of four cases after getting arrested in the present case. It is also pointed out that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State fairly conceded that recovery has not been made from the conscious possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery has not been made from the conscious possession of the petitioner coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Akbarpur P.S. Case No. 563 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State

Patna High Court CR. MISC. No.9334 of 2022(2) dt.08-06-2022 3/3 shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(iii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T