Rakesh Yadav @ Doman And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38365 of 2017 Arising Out of PS. Case No.-455 Year-2016 Thana- BIHTA District- Patna ====================================================== 1.

Rakesh Yadav @ Doman, 2.

Sikesh Yadav, Both sons of Akhilesh Yadav, 3.

Murari Roy, son of Radhey Roy, All residents of VillageMaudahi, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parashuram Singh, Advocate For the Opposite Party/s :

Mr. RAJKISHORE SINGH, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered for offence punishable under Sections 47/50 (c)/51 of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 150 liters of country made liquor were recovered near the Sone River. Nothing has been recovered from the possession of the petitioners. It is urged that the petitioner nos. 1, 2 and 3 are in custody since 19.05.2017, 15.05.2017 and 18.05.2017 respectively. It is stated in paragraph 3 of the bail petition that they are also involved in Bihta P.S. Case No. 520/16 under Sections 47/50 of Excise Act. Considering the facts and circumstances of the case, the petitioners, above-named, are directed to be released on bail on

furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No. 320 of 2017 arising out of Bihta P.S. Case No. 455/2016 with a condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

That apart, in view of the antecedent of the petitioners, they would be required to appear before the Senior Superintendent of Police, Patna within fifteen days of their release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioners will be kept under watch in the aforesaid period by the Sr. Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Sr. Superintendent of Police, a certificate will be filed by the petitioners before the court concerned which should be granted by the Senior Superintendent of Police concerned upon their appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/-

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