Billu Yogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54869 of 2017 Arising Out of PS. Case No.-241 Year-2017 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Billu Yogi, Son of Bhura Ram Yogi, resident of village- Naghori, P.S. Nimrapa, Dist.- Alwar (Rajasthan).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr. SANJAY KUMAR TIWARY ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 420, 279 and 273 of the I.P.C. and Sections 30 (a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, huge quantity of foreign liquor was recovered from a truck. Petitioner is claimed to be driver-cum-owner of the aforesaid truck and he had disclosed that illicit liquor was loaded by one Lalaram who had told that the destination of consignment was the place of Bhagwan Singh. It is further contended that petitioner does not have any connection with the illicit liquor as it was loaded by the said Lalaram beneath the salt sacks. Petitioner claims that

Patna High Court Cr.Misc. No.54869 of 2017(2) dt.23-11-2017 2/2 he is having clean antecedent and is in custody since 27.08.2017. i.e., about three months.

Having regard to the facts and the circumstances of the case and the period of incarceration, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-II, Gopalganj in connection with Kuchaikote P. S. Case No. 241/2017 with a further condition that one of the bailors must be belonging to the State of Bihar.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

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