Patna High CourtCR. MISC./41830/2017bail granted

Upendra Yadav v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41830 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Upendra Yadav Son of Vidyarthi Yadav, R/o Village- Lakhraw, P.S.- Siwan Muffasil, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Siwan Muffasil P.S.Case No.233 of 2017 , registered for offences punishable under Sections 272, 273, 308 and 420 of the Indian Penal Code.

Allegation against the petitioner is about recovery of 99 ltrs. of country-made liquor from the possession of the petitioner, however, submission of the learned counsel for the petitioner is that nothing has been recovered from his possession rather his name was disclosed by the other co-accused persons when they were arrested. The petitioner has no criminal antecedent and he is in custody for about two months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41830 of 2017 (2) dt.11-09-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Siwan Muffasil P.S.Case No.233 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T