Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60618 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bablu Yadav S/o Late Kapil Yadav @ Kapil Prasad , R/o Vill.- Atwal Chak, P.S.- Tharthari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Singh For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Tharthari P.S.Case no.112 of 2017 registered for offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Petitioner is not named in this case and the case is under the Excise Act and there is allegation of manifesting and selling the liquor.

Submission of the learned counsel for the petitioner is that the FIR itself shows that there is no recovery from the possession of the petitioner and though he is accused in one more case. He is in custody for about six months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60618 of 2018 (2) dt.06-10-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge No.VIth -cum-Special Excise Judge, Nalanda at Biharsharif in connection with Tharthari P.S.case no.112 of 2017.

With following conditions :

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

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T