Indrajeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22815 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== INDRAJEET YADAV S/o Late Bunni Yadav R/o Village- Ramshiliya, P.S.- Malahi, District- East Champaran (Motihari).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shri Prakash Tiwari For the Opposite Party/s :
Mr.A.G ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2020 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a)/41/45 of the Bihar Prohibition and Excise Act, 2016. Informant in his written report has alleged that on receiving secret information that huge quantity of illicit liquor is being stored in the sugarcane field of Bidya Yadav, he along with police party raided the said place and after seeing the police party petitioner along with FIR named accused tried to flee away but were apprehended at the spot and one co-accused managed to escape and 252 litres of illicit liquor was recovered from the said field.
Patna High Court CR. MISC. No.22815 of 2020(2) dt.11-09-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion only. Nothing has been recovered from the possession of the petitioner rather the recovery has been made from the sugarcane field of one Bidya Yadav. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court as well as this Court vide orders dated 12.06.2018 in Criminal Miscellaneous No. 31384 of 2018, 07.01.2020 in Criminal Miscellaneous No. 85484 of 2019 and 21.01.2020 in Criminal Miscellaneous No. 3807 of 2020.Petitioner is in custody since 10.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.
20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Manjhagarh P.S. Case No. 300 of 2019, with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the
Patna High Court CR. MISC. No.22815 of 2020(2) dt.11-09-2020 3/3 Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(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. (S. Kumar, J) ranjan/- U