Babblu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18918 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.

BABBLU YADAV S/O VIRENDRA SINGH YADAV R/o village- Giglana, P.S.- Maudhan, District- Alwar (Rajashtan) 2.

Ramniwas Singh S/o Bahadur Singh R/o village- Giglana, P.S.- Maudhan, District- Alwar (Rajashtan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

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

Recovery is of 1460.16 liters of foreign liquor. Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioners rather the alleged recovery has been made from the Mahinda Pickup and the

Patna High Court CR. MISC. No.18918 of 2022(2) dt.04-08-2022 2/3 petitioner No.1 is said to be driver of the vehicle and the petitioner No.2 is said to be the co-driver of the vehicle in question. He further submits that the petitioners have no concern at all with the alleged recovery. The petitioners are rotting in judicial custody since 09.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with P.R. Case No. 39 of 2022 with the following conditions:-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.18918 of 2022(2) dt.04-08-2022 3/3 move for cancellation of bail.

(3) One of the bailors shall be the father of the petitioners.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) brajesh/- U T