Dinesh Yadav @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9446 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== DINESH YADAV @ DINESH KUMAR, aged about 39 years, S/o Naresh Yadav @ Ram Naresh Yadav R/o Village- Motha, P.S + Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No.344/2018 arising out of Arwal P.S. Case No.101/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 396 litres foreign liquor from the premises of the PDS shop of one co-accused Dilip Kumar.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this

Patna High Court Cr.Misc. No.9446 of 2019(2) dt.18-02-2019 2/3 case. Petitioner has no criminal antecedent and he is in custody since 03.01.2019. Similarly placed co-accused persons have already been granted bail by this Court as contained in Annexures 2 and 3.

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/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with Excise Case No.344/2018 arising out of Arwal P.S. Case No.101/2018, with following conditions:- (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 properly 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

Patna High Court Cr.Misc. No.9446 of 2019(2) dt.18-02-2019 3/3 similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T