Binay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27709 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== BINAY KUMAR YADAV S/o- Ramnarayan Yadav Resident of Village - Jatahi, P.S. - Jatahi, Dist.- Dhanusha (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 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 in virtual court proceeding. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 62 of 2022 registered for the offences punishable under Sections 272, 273 and 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of 1035 litres Nepali Saufi liquor from the cycle in question. The petitioner was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is in custody since 07.03.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.27709 of 2022(2) dt.05-08-2022 2/3 there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner was returning from the relative house due to suspicion his name dragged in this case. It is further submitted that seizure list has not been as per law.

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, keeping in view clean antecedent of petitioner, 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 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 62 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or 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

Patna High Court CR. MISC. No.27709 of 2022(2) dt.05-08-2022 3/3 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