Baichan Yadav @ Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26591 of 2022 Arising Out of PS. Case No.-2 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Baichan Yadav @ Bechan Yadav Son Of Balram Yadav R/O Village- Mokna, Ward No.-11, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-07-2022 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State through video conferencing. Petitioners seek bail in a case registered in connection with Madhepura P.S. Case No. 02 of 2019 for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act 2016.

As per the prosecution case ,it is alleged that the police on a secret information that petitioner and other coaccused persons were engaged in making and distribution of illicit liquor, conducted a raid, seeing the police party, petitioner succeeded to flee away and on search being made total 20 liters country made liquor was recovered. Learned counsel appearing on behalf of the petitioner

2/4 submits that petitioner was neither arrested on the spot nor any incriminating material has been recovered from person or possession of the petitioner. The alleged recovery has been made from Bamboo orchard which is accessible to all. It is further submitted that the name of the petitioner has been implilcated only because of his past criminal antecedent and save and except there is no other material showing complicity of the petitioner in this case. It is next submitted that this petitioner is in custody since 25.03.2022 and the investigation of the crime is already completed and the charge-sheet has been submitted. On the other hand, learned counsel for the state vehemently oppose the bail application and submits that petitioner has multiple criminal antecedents.

Having regard to the submissions made on behalf of the parties and considering the fact that the petitioner was neither arrested on the spot nor any incriminating article has been recovered from person or possession of the petitioner. Moreover, petitioner is in custody since 25.03.

3/4 Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge Excise, Madhepura in connection with Madhepura P.S. Case No. 02 of 2019, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancelling of bail bond of the petitioner. However, the acceptance of bail

4/4 bonds in terms of the above- mentioned order shall not be delayed for purpose of or in the name of verification. (Harish Kumar, J) N.K/- U T