Jagat Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26659 of 2020 Arising Out of PS. Case No.-123 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Jagat Narayan Yadav Son of Ram Chandra Ray Resident of Ranikhaira, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-10-2020 Heard both parties.

The petitioner seeks bail in Minapur P.S. Case No. 123 of 2020, G.R. No. 590 of 2020, registered for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a)/41 of Bihar Prohibition and Excise (Amendment) Act, 2018.

259.200 liters of foreign liquor is alleged to have been recovered from the pick-up van of the petitioner. It is submitted on behalf of petitioner that petitioner, being driver, was not aware about the nature of consignment, which was being transported in the vehicle, in question. Nothing has been recovered from the conscious possession of the petitioner. It is stated in paragraph - 3 of the petition that petitioner has got clean antecedent and he is in custody since

Patna High Court CR. MISC. No.26659 of 2020(2) dt.13-10-2020 2/2 19-04-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Minapur P.S. Case No. 123 of 2020, GR No. 590 of 2020 on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T