Rajdev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10858 of 2019 Arising Out of PS. Case No.-303 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== RAJDEV YADAV, aged about 35 years, (M) Son of Keshav Yadav R/o village- Khairhatiya, P.S- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

Allegation is recovery of 37.800 litre foreign liquor from the possession of petitioner who was seating as a pillion rider on a motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. Petitioner has got no criminal antecedent and is in custody since 26.12.2018. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.10858 of 2019(2) dt.01-04-2019 2/2 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 court below where the case is pending in connection with Chautarwa P.S. Case No. 303 of 2018, with following condition:- (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 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