Gopal Yadav @ Vikky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14983 of 2023 Arising Out of PS. Case No.-543 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== GOPAL YADAV @ VIKKY YADAV S/o Vijay Yadav R/o Mohalla- Morcha Road, P.S.- Chowk, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 28.01.2023 in connection with Chowk P.S. Case No.543/2021, F.I.R. dated 27.12.2021, for the offences punishable under Sections 30(A) of Excise Act, 2016.

According to prosecution case, 32 litres of illicit liquor is said to have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from conscious possession of the petitioner. The petitioner was not arrested on the spot and

Patna High Court CR. MISC. No.14983 of 2023(2) dt.15-05-2023 2/3 the name of the petitioner has been transpired during investigation on the basis of dislosure made by the co-accused, namely, Vijay Yadav, who is father of the petitioner and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 28.01.2023. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried twelve criminal antecedent other than the present one. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna City, in connection with Chowk P.S. Case No. 543/2021, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.14983 of 2023(2) dt.15-05-2023 3/3 move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T