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Patna High CourtCR. MISC./33379/2021bail granted

Mankesh Kumar Yadav @ Mankesh Kumar Chaudhari v. The State Of Bihar

2021-10-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33379 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== Mankesh Kumar Yadav @ Mankesh Kumar Chaudhari Son of Baburam Chaudhari @ Baburam Yadav Resident of Village - Kanchanpur, P.S.- Kateya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.

The petitioner seeks bail in Kateya P.S. Case No. 77 of 2021, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution case, 69.8 litres of country made liquor has been recovered from possession of this petitioner.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from possession of this petitioner. Petitioner claims clean antecedent and he is in custody since 26.02.2021. Chargesheet has already been submitted.

Considering the period of custody, the petitioner

Patna High Court CR. MISC. No.33379 of 2021(3) dt.21-10-2021 2/2 above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge Excise Act, Gopalganj in connection with Kateya P.S. Case No. 77 of 2021, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T