Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20724 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== CHANDAN YADAV @ CHANDAN KUMAR YADAV Son of Ujagar Yadav Resident of Village - Raghunathpur, P.S.- Sahebpur Kamal, DistrictBegusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sahebpur Kamal P.S. Case No. 101 of 2018 registered for the offence punishable under Sections 420, 467, 468, 414, 120(B)/34 of the Indian Penal Code and Sections 30(a), 32/27, 41(i) of the Excise Act.
Allegation is recovery of 4208 litres of foreign liquor from the truck.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Balo Yadav, who has inimical relation with the petitioner. Nothing
Patna High Court CR. MISC. No.20724 of 2019(2) dt.03-04-2019 2/2 has been recovered from the possession of petitioner. Petitioner is in custody since 13.02.2019.
Considering the aforesaid facts and circumstances of 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 Additional Sessions Judge-II cum Special Judge, Excise Act, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 101 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 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.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J) veena/- U T