Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16801 of 2022 Arising Out of PS. Case No.-154 Year-2020 Thana- RAGHUNATHPUR District- Siwan ====================================================== AJAY YADAV Son of Hareram Yadav Resident of Village - Bangra, P.S. - Raghunathpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 180 liters mahua wine.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the name of the petitioner has transpired in this case on the basis of disclosure made by the co-accused who has been apprehended by the police on the spot. He further submits that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.16801 of 2022(2) dt.11-07-2022 2/3 possession of the petitioner, rather the alleged recovery has been made from the hut of the co-accused Arjun Yadav. The petitioenr has no concern at all with the alleged recovery and the hut in question. He further submits that the petitioner has been remanded in this case from Raghunathpur P.S. Case No. 21 of 2021 on 09.09.2021 and since then he is rotting in judicial custody. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghunathpur P.S. Case No. 154 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.16801 of 2022(2) dt.11-07-2022 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Aditi/Braj U T