Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78308 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- CHAKAND District- Gaya ====================================================== Shankar Yadav Son of Baldev Yadav Resident of Mohalla - Sanjay Nagar Colony, P.S. Ratu, Distt. - Ranchi Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chakand P.S. Case No. 142 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of 1350 litres of foreign liquor from the truck.

It has been submitted on behalf of the petitioner that he is driver of the truck and was not aware that illicit liquor has been kept in cartoon covered by Tirpal. petitioner has no criminal antecedent and he is in custody since 04.11.2018. 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

Patna High Court Cr.Misc. No.78308 of 2018(2) dt.17-01-2019 2/2 sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Chakand P.S. Case No. 142 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