Fanjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26797 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== FANJIT YADAV Son of Ramji Yadav Resident of Village Araria, P.S. Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Complaint Case No. 10 of 2022 dated 11.01.2022 registered for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2016. As per prosecution case, there is alleged recovery of 180 ml foreign liquor from Tata Tiago car and 882.36 litres foreign liquor from Hyva truck in question. The petitioner is said to be the driver of the Hyva truck, who was apprehended on spot along with other co-accused.

Patna High Court CR. MISC. No.26797 of 2022(2) dt.04-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 10.01.2022 and bears criminal antecedent of one case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that the co-accused namely Sumit Kumar has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.12682 of 2022. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge Vth, Banka in connection with Excise Complaint Case No. 10 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.26797 of 2022(2) dt.04-08-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) minu/- U T