Kedar Rai @ Kedar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19305 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

KEDAR RAI @ KEDAR PRASAD YADAV S/o Nagendra Rai Resident of Village- Pipara, P.S.- Jitana, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar(APP) The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant who is a police officer has stated that on receiving secret information that petitioner and others as named in the F.I.R. have come with Nepali Kasturi wine on a Pickup vehicle and half filled pickup wine was unloaded by Kedar Rai (petitioner), co-accused Santosh Rai, Chhotelal Rai and Saheb Rai and half filled pickup wine was unloaded by co-accused Chandan Rai and Mohan Rai and same was covered with a

Patna High Court CR. MISC. No.19305 of 2020(4) dt.12-10-2020 2/3 Khar bundle in their bamboo clump, he along with police personnel reached at the spot and on seeing the police party, people assemble there fled away taking advantage of darkness. On search 3 sacks Kasturi Nepali country made wine total 450 bottles each containing 300 ml. and 15 liters Chulai wine in a tube was recovered from the fuel house of Kedar Rai (petitioner).

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to village politics. Petitioner has no criminal antecedent and is in custody since 10.02.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Ghorasahan Case No. 61 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

Patna High Court CR. MISC. No.19305 of 2020(4) dt.12-10-2020 3/3

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Sanjay/rajiv U T