Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16599 of 2017 Arising Out of PS. Case No. -33 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Manoj Kumar Yadav, son of Ram Pukar Yadav, Village Chakki (Mathura Dera), P.S. Brahmpur, District Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Choubey, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.02.2017 in connection with Brahmpur (Chakki O.P.) P.S. Case No. 33 of 2017 for the alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise( Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 300 bottles containing 750 ML foreign liquor each from the husk room (Bhusa Ghar) situated at the door of co-accused, namely, Mantosh Yadav and Santosh Yadav with which the petitioner has no concern. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 23.02.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Chakki O.P.) P.S. Case No. 33 of 2017

Patna High Court Cr.Misc. No.16599 of 2017 (2) dt.04-04-2017 2/2 on the following conditions: - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/Chandran U T