Ravindra Yadav @ Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23525 of 2023 Arising Out of PS. Case No.-259 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== RAVINDRA YADAV @ RABINDRA YADAV S/O GOURI SHANKAR YADAV R/O Village- Brahmpur, P.S- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 This case has been listed out of turn at the instance of the learned counsel for the petitioner through a mentioning slip on the ground of marriage of the sister of the petitioner on 11.05.2023. The xerox copy of wedding card/invitation card has been annexed with the mentioning slip at flag-A. Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 272, 273 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 in connection with Laukahi P.S.Case No. 259 of 2019 (G.R.No. 2442 of 2019.

Patna High Court CR. MISC. No.23525 of 2023(2) dt.04-05-2023 2/3 The learned counsel for the petitioner has submitted that from a Toyota sliver colour vehicle 621 litres of liquor was recovered. The villagers, who were assembled there, apprised the police party that it was the petitioner who was driving that car. The allegation is that the petitioner fled away leaving that car. He has submitted further that he is innocent and has falsely been implicated in this case. He was not arrested at the spot. He is not the owner of that car and is in custody since 06.02.2023. Considering the above facts and circumstances as well as the period of custody, let the petitioner, above-named, be released on bail on 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 Act, Jhanjharpur, Madhubani in connection with Laukahi P.S.Case No. 259 of 2019 (G.R.No.2442 of 2019), subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take

Patna High Court CR. MISC. No.23525 of 2023(2) dt.04-05-2023 3/3 decision in accordance with law.

3. If the petitioner is found involved in any other case, other than the case mentioned in paragraph no.3 of the bail petition, the learned court below shall be liberty to cancel his bail bond.

The Superintendent of Police, Madhubani is directed to inquire into the matter regarding authenticity/veracity of the marriage of the sister of the petitioner to be scheduled on 11.05.2023 and report to this Court within three weeks.

Office is directed to issue a letter to the Superintendent of Police, Madhubani, annexing the xerox copy of the invitation card/wedding card of the marriage of the sister of the petitioner to be performed on 11.05.2023. List the matter after three weeks.

(Nawneet Kumar Pandey, J) HR/- U T