Budhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8783 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Budhan Yadav Son Of Ramchandra Yadav @ Chandar Yadav R/O VillageSishwa, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Roshan Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Braj Kishore Prsad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 22.125 litres of illicit liquor. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. that the alleged recovery has been made from the Basa (Machan) of the co-accused namely Lalu Yadav. He further

Patna High Court CR. MISC. No.8783 of 2022(2) dt.14-06-2022 2/3 submits that nothing has been recovered from the possession of the petitioner and there is non compliance of Section 100 of the Cr. P.C. and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 26.11.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gogri P.S. Case No. 157 of 2021 corresponding to G.R. No. 1240 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court 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 tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.8783 of 2022(2) dt.14-06-2022 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T