Pradeep Kumar Yadav @ Pradeep Kr. Yadav @ Pradeep Kumar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11222 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== PRADEEP KUMAR YADAV @ PRADEEP KR. YADAV @ Pradeep Kumar Azad, aged about 23 years, (M) Son of Ram Pravesh Yadav Resident of Village - Agarpur, P.S.- Lodipur, District Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is recovery of 11.4 litre of foreign liquor from the petitioner of petitioner which was kept in the bag of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no

Patna High Court CR. MISC. No.11222 of 2019(2) dt.03-04-2019 2/3 criminal antecedent and is in custody since 02.01.2019. 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 court below where the case is pending in connection with Sabour (Goradih) P.S. Case No. 01 of 2019, with following condition:- (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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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

Patna High Court CR. MISC. No.11222 of 2019(2) dt.03-04-2019 3/3 in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

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