Sharda Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68888 of 2018 Arising Out of PS. Case No.-1095 Year-2018 Thana- BIHTA District- Patna ====================================================== Sharda Nand Yadav, Son of Late Ram Bachan Yadav, Resident of VillageAmhara, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 9255 of 2018 arising out of Bihta P.S. Case No. 1095 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 78.780 ml liquor from the Honda City GX Car which was being occupied by four accused persons including petitioner. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 02.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.68888 of 2018(2) dt.29-11-2018 2/2 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, Patna, in connection with Special Case No. 9255 of 2018 arising out of Bihta P.S. Case No. 1095 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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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