Chandirika Yadav @ Chandrika Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19831 of 2019 Arising Out of PS. Case No.-536 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.

CHANDIRIKA YADAV @ CHANDRIKA YADAV, aged about 58 years, (M) Son of Raghunath Yadav Resident of Village - Chhawani Bettiah, P.S.- Kalibag O.P., District- West Champaran 2.

Rupesh Yadav, aged about 35 years, (M) Son of Chyandirika Yadav Resident of Village - Chhawani Bettiah, P.S.- Kalibag O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyank Deepak For the Opposite Party/s :

Mr.Rajendra Singh Shastri(App47) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 30(a), 35, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 1946 litre of foreign liquor from the godown of petitioner.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. They had given the godown on rent and were not aware that illicit liquor was kept in their godown. They are in custody

Patna High Court CR. MISC. No.19831 of 2019(2) dt.03-04-2019 2/3 since 04.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bettiah (M) P.S. Case No. 536 of 2018, with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners 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.

(4). If the petitioners is found involved in

Patna High Court CR. MISC. No.19831 of 2019(2) dt.03-04-2019 3/3 similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bond.

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