Vinod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22894 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== 1.

VINOD KUMAR YADAV Son of Nanhku Yadav Resident of VillageHemjapur (Hulasi), P.S.- Amas, District- Gaya. 2.

Pappu Chaudhary Son of Rambriksh Chaudhary Resident of VillageHemjapur, P.S.- Amas, District- Gaya. 3.

Kailu Chaudhary Son of Late Lakhan Chaudhary Resident of VillageHemjapur, P.S.- Amas, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Adv For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-11-2021 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioners seek regular bail in connection with Sherghati P.S. Case No. 44 of 2021 dated 15.01.2021 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Case of the prosecution in brief is that a tempoo was intercepted at NH 2 near Gopalpur from which total 360 litres of toddy kept in 12 gallons were recovered. All the petitioners fled away left the tempoo abandoned.

Learned counsel on behalf of the petitioners submits

Patna High Court CR. MISC. No.22894 of 2021(2) dt.23-11-2021 2/2 that nothing has been recovered from the conscious possession of the petitioners and they are languishing in custody since 16.01.2021 Considering the facts and circumstances of the case, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additinal Sessions Judge-IInd- cum Special Judge of Excise Act, Gaya in connection with Sherghati P.S. Case No. 44 of 2021 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. (ii) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioners temper 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. (iv) If the petitioners are found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.

(Purnendu Singh, J) Niraj/- U