Patna High CourtCR. MISC./26307/2022bail granted

Manoj Kumar Yadav v. The State Of Bihar

2022-08-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26307 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Manoj Kumar Yadav Son Of Yogendra Yadav Resident Of Village- Belha Malin , P.S- Ladaniya, Dist- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bhairab Ashthan P.S. Case No.47/2022 instituted under Sections 272, 273 of the IPC and 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the allegation, the police upon information intercepted a Mahindra vehicle and it is alleged that 396 litres Nepali countrymade wine and 18 liter beer was being transported from Nepal to India.

Learned counsel for the petitioner submits that he has no criminal antecedent and he is in custody since 07.03.2022 and charge-sheet stands submitted.

Patna High Court CR. MISC. No.26307 of 2022(3) dt.30-08-2022 2/3 Considering the aforesaid fact that the petitioner is in custody since 07.03.2022, charge-sheet stands submitted and and he has no criminal antecedent, this Court is inclined to grant him privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bhairab Ashthan P.S. Case No.47/2022 to the satisfaction of learned Additional Sessions Judge, IInd-cum-Special Judge, Excise Act, Madhubani, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.26307 of 2022(3) dt.30-08-2022 3/3 criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T