Lalan Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49039 of 2017 Arising Out of PS.Case No. -585 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Lalan Kumar Yadav, Son of Jay Prakash Yadav,

2. Dharmbir Kumar Yadav, Son of Manoj Yadav, Both are resident of Village- Khaira Chanda, P.S.:- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Forbesganj P.S.Case No.585 of 2017, G.R.No.2417 of 2017 registered for offences punishable under Sections 30 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is about recovery of 33 ltrs. of liquor from the possession of the petitioners. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioners have no criminal antecedent and they remained in custody for about 3 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.49039 of 2017 (2) dt.13-10-2017 2/2 circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge Excise Act, Araria in connection with Forbesganj P.S.Case No.585 of 2017, G.R.No.2417 of 2017 dated 29.7.2017.

With following conditions :

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

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

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

(iv) If their active participation is found in such type of cases in future, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T