Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20232 of 2021 Arising Out of PS. Case No.-608 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Ashok Yadav aged about 48 years, Male, S/O Gopal Yadav R/O VillageDhawahi, P.S-Harsidhi, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Excise Case No. 608 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

4000 liters of illicit liquor has been recovered from the vehicle in question and this petitioner was arrested on the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is a blind person and he has been apprehended because he was simply standing there. Petitioner has got clean antecedent and he is in custody since 28.12.2020.

Patna High Court CR. MISC. No.20232 of 2021(2) dt.09-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge (Excise Act), East Champaran at Motihari in connection with Excise Case No. 608 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T