Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1595 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- BHORE District- Gopalganj ====================================================== Anil Kumar Yadav , S/o Late Ramashish Yadav, Resident of Village- Belawa Thakurai, P.S. Bore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr.Sri Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhore P.S. Case No. 362 of 2018 registered for the offences punishable under Sections 272, 273, 420 of Indian Penal Code and Section 30(A), 35 and 38 of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 43.200 ml. of illicit liquor which was kept in Bakhar in front of the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner has no criminal

Patna High Court Cr.Misc. No.1595 of 2019(2) dt.18-01-2019 2/2 antecedent and is in custody since 06.11.2018. Considering the aforesaid fact 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 Court (Excise), Gopalganj, in connection with Bhore P.S. Case No. 362 of 2018, subject to 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.

(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 bonds.

(S. Kumar, J) Rajiv/- U T