Indrajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21497 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== INDRAJIT YADAV S/o Late Bunni Yadav Resident of Village- Barharba, P.S.- Malahi, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari, Advocate.

For the Opposite Party/s :

Mrs. Shahin Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 414 of the Indian Penal Code and Sections 30(a)/41/45 of the Bihar Prohibition and Excise Act, 2016.

Petitioner was not there when foreign liquor was recovered from the field of the petitioner. Petitioner is in custody since 28.11.2019. Petitioner is accused in five more cases of identical nature.

Considering the material against the petitioner aforesaid, in my view, there is no reason for further detention of the petitioner as under trial prisoner after conclusion of the

Patna High Court CR. MISC. No.21497 of 2020(3) dt.03-09-2020 2/2 investigation. However, considering the criminal antecedent of the petitioner, it is desirable to direct that if the petitioner would commit identical or any other offence in future that would be a ground for cancellation of bail by the court below itself. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Manjhagarh P.S. Case No. 13 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T