Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51940 of 2017 Arising Out of PS. Case No.-51 Year-2017 Thana- PARASBIGHA District- Jehanabad ====================================================== Kamlesh Yadav, Son of Late Suresh Yadav, Resident of Village- Mustichak, Police Station- Parasbigha in the district of Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. SRI PARMANAND KUMAR ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 30 litres of country-made liquor was recovered from the possession of the co-accused Mahesh Yadav. It is further contended that petitioner was not apprehended from the spot but on the basis of statement of co-accused Mahesh Yadav his name has cropped up in this case. Petitioner claims that he is in custody since 11.8.2017.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten

Patna High Court Cr.Misc. No.51940 of 2017(2) dt.09-11-2017 2/2 Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Jehanabad, in connection with Parasbigha P.S. Case No. 51 of 2017. If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Jehanabad within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the 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 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Spd/- U T