Bhuteli Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19656 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== BHUTELI YADAV Son of Late Bhagwat Yadav Resident of Village- Saitha, P.S.- Sonhan, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 57 of 2020 arising out of Sonhan (Bhabua) P.S. Case No. 42 of 2020 for the offence punishable under Sections 387/504/506/34 of the Indian Penal Code, Sections 25(1b)1/26/35 of the Arms Act and Section 37(I), (II) of Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding the accused persons, including the petitioner herein, having engaged in abusing and

Patna High Court CR. MISC. No.19656 of 2020(2) dt.18-06-2020 2/3 demanding ransom at Saitha village, while being in an inebriated condition whereupon the informant (Police official) went to the spot and arrested the accused persons from the spot. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 17.01.2020. It is further submitted that though the petitioner is accused in three other cases, but he is on bail in the said cases. It is also submitted that the petitioner is ready to abide by such condition as may be ed deem fit and proper to be imposed by this Court for the purposes of grant of regular bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is languishing in custody since long time, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd cum Spl. Judge, Excise Act, Kaimur at Bhabua in connection with Excise Case No. 57 of 2020 arising out of Sonhan (Bhabua) P.S. Case

Patna High Court CR. MISC. No.19656 of 2020(2) dt.18-06-2020 3/3 No. 42 of 2020.

It is further directed that the petitioner would mark his attendance before the S.H.O. of the concerned police station at 10 A.M. on each and every Monday of the week and in the event of his failure on two consecutive occasions to mark his attendance, the present privilege of regular bail shall stand revoked automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) Tiwary/- U