Patna High CourtCR. MISC./68806/2018bail granted

Sunil Kumar Yadav v. The State Of Bihar

2018-12-03Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68806 of 2018 Arising Out of PS. Case No.-519 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Sunil Kumar Yadav, S/o Kuldeep Yadav, R/o Village- Kasumbha Dantar, P.S.- Jori, District- Chatra (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sherghati P.S. Case No.519/2018 registered for the offence punishable under Sections 414/ 34 and 30(d) of the Bihar Prohibition of Excise Act, 2016.

Allegation against the petitioner is that from the motorcycle which was being ridden by him, 80 kg. Mahua flower in two jute sacks was recovered and seized. It has been submitted on behalf of the petitioner that the owner of the motorcycle who was a pillion rider fled away and he was arrested. Mahua flower belongs to the co-accused who had fled away. He has no criminal antecedent and is in custody since 14.09.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.68806 of 2018(2) dt.03-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Sherghati P.S. Case No.519 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 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) Sanjay/- U T