Sikendra Yadav @ Sikendar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14214 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Sikendra Yadav @ Sikendar Yadav Son of Vaiju Yadav @ Baiju Yadav Resident of Village- Gamhariaya, Musahari Tola, P.S. Sour Bazar, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.01.2018 in connection with Industrial Area P.S. Case No. 158/17 for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30/30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that a Maruti car is carrying huge consignment of illicit liquor, the police reached there and intercepted the Maruti car and apprehended the petitioner, who was trying to flee away. From the Maruti car 200 litres of country-made liquor was recovered, and, accordingly, a seizure-list was

Patna High Court Cr.Misc. No.14214 of 2018 (2) dt.13-03-2018 2/3 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. Petitioner undertakes to cooperate in the investigation, provide all necessary information and not to tamper with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Bhagalpur, in connection with Industrial Area P.S. Case No. 158/17, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be

Patna High Court Cr.Misc. No.14214 of 2018 (2) dt.13-03-2018 3/3 at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T