Ramanand Yadav @ Rambali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65688 of 2018 Arising Out of PS. Case No.-470 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Ramanand Yadav @ Rambali Yadav Son of Bholi Yadav Resident of VillageChhanchh, P.S.Bodh- Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bodh Gaya P.S. Case No. 470 of 2018 registered for the offence punishable under Section 30(d) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 480 Kg Mahua Flower from his house and 680 Kg Mahua Flowers from his poultry farm.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is neither apprehended on the spot nor any incriminating material recovered from his possession. Total 1160 Kg Mahua flowers recovered from his house and poultry

Patna High Court Cr.Misc. No.65688 of 2018(2) dt.31-10-2018 2/2 farm in absence of petitioner. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 09.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Gaya, in connection with Bodh Gaya P.S. Case No. 470 of 2018 subject to the conditions that:-

(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.

(S. Kumar, J) veena/- U T