Adhik Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19398 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- CHAKAI District- Jamui ====================================================== Adhik Yadav S/o Bateshwar Yadav @ Baleshwar Yadav, R/o VillageAbhaypur, P.S. & District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 05.02.2018 in connection with Chakai P.S. Case No. 14 of 2018 registered for the offence punishable under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition Excise Amended Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that huge consignment of liquor is coming in a tempo, police raided the tempo and apprehended the petitioner. From the tempo, 120 litres of country made liquor was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel

Patna High Court Cr.Misc. No.19398 of 2018(2) dt.24-04-2018 2/3 for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Incharge Additional Sessions Judge-II, Jamui in connection with Chakai P.S. Case No. 14 of 2018, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the

Patna High Court Cr.Misc. No.19398 of 2018(2) dt.24-04-2018 3/3 prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T