Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13971 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Pappu Yadav, son of Jagdish Yadav, resident of Village-Shahpur, P.S.- Shahpur, District-Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Shahpur P.S.Case No. 212 of 2016 registered for the offences punishable under Sections 47 and 53 of Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that petitioner has not been arrested at the spot and later on his name has been disclosed by other co-accused, who has been named in the FIR. It has further been submitted that petitioner is in custody since 15.2.2017.

Heard learned APP, who has opposed the prayer for bail.

Having heard both sides and in view of the fact that no doubt petitioner has been made accused in two other cases but it appears from the statement made in paragraph-2 of the petition that earlier cases were of the years 2006 and 2013 and having similar allegation co-accused has been granted bail, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.13971 of 2017 (3) dt.08-04-2017 2/2 bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIV, Bhojpur, Ara, in connection with Shahpur P.S.Case No. 212 of 2016, subject to the conditions that :- (i) The bailors of the petitioner should be close relatives of the petitioner having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(iv) If petitioner is indulged in such type of offence in future, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) spal/- U