Rajdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10546 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Rajdeo Yadav, aged about 45 years, Male, Son of Sri Yadav @ Shivi Yadav Resident of Village - Dihuri (Dohiya) ,p.s.-Parasbigha, Disrict-Jehanabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Parasbigha P.S. Case No. 195 of 2018 (Excise No. 1155 of 2018) registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. Informant has alleged that on 25.11.2018 during patrolling duty he received an information that illegal country made liquor is being manufactured at the Eastern corner of Brick Kiln thereafter he reached the place of occurrence and recovered 66 liters country made liquor kept in three different plastic gallons.
It has been submitted on behalf of the petitioner
Patna High Court Cr.Misc. No.10546 of 2019(2) dt.21-02-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. Petitioner was not arrested at the spot and nothing was recovered from his possession. Petitioner has no criminal antecedent and is in custody since 10.01.2019 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-special Judge Excise, Jehanabad, in connection with Parasbigha P.S. Case No. 195 of 2018 (Excise No. 1155 of 2018), subject to 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 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 similar nature
Patna High Court Cr.Misc. No.10546 of 2019(2) dt.21-02-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.
(S. Kumar, J) Rajiv/- U T