Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11447 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Vijay Yadav, S/o Dhoko Yadav, Resident of Village- Usri, P.S.- Gogri, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Gogri P.S. Case No. 481 of 2021, G.R. No. 3431 of 2021, registered for the alleged offences under Sections 30 (a) (b) (c) of the Bihar Prohibition And Excise Amendment Act, 2018.

The prosecution case is that on receipt of secret information that the petitioner and other co-accused persons have been involved in manufacture and trade of illicit liquor, "Basa" of the petitioner was raided and 12 litres of country

Patna High Court CR. MISC. No.11447 of 2022(2) dt.01-07-2022 2/3 made liquor along with gas cylinders, Chulha (Bhatthi) and one burner were seized and about 500 litres of semi manufactured "Mahua" liquor was destroyed.

The learned counsel for the petitioner submits that the petitioner has got no concern with the seized liquor. The seized liquor belonged to other persons, who fled away from the spot. The petitioner is in custody since 19.10.2021 and he has no criminal antecedent.

Learned APP opposes the prayer for bail made on behalf of the petitioner.

Having regard to the submissions made hereinabove and considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Khagaria in connection with Gogari P.S. Case No. 481 of 2021, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.11447 of 2022(2) dt.01-07-2022 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T