Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11794 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== DINESH YADAV, aged about 35 years, (M) Son of Sita Ram Yadav Resident of Village and p.s.-Gamhariya , District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 90 of 2019 arising out of Gamhariya P.S. Case No. 18 of 2019, registered for the offence punishable under Sections 37 (b) and 37 (c) of the Bihar Prohibition and Excise Act, 2016.

Informant has alleged in his written complaint that on 20.01.2019 petitioner in intoxicated condition came on his door and thereafter abused and assaulted him.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity and land dispute. The general and omnibus allegation against petitioner. He is in custody since 21.01.2019.

Patna High Court CR. MISC. No.11794 of 2019(2) dt.28-02-2019 2/3 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 Special Judge, Excise Act, Madhepura, in connection with Excise Case No. 90 of 2019 arising out of Gamhariya P.S. Case No. 18 of 2019, with following 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 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.11794 of 2019(2) dt.28-02-2019 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