Rampujan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27526 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- LADANIA District- Madhubani ====================================================== RAMPUJAN YADAV Son of Kishundev Yadav Resident of village - Khairamath, P.S.- Jaynagar, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Shailendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2022 No one appears on behalf of the petitioner. Learned APP for the State is present through virtual mode in view of COVID-19.

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 Ladaniya P.S. Case No.69/2022 corresponding to G.R. No.414/2022 instituted under Section 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act., 2016.

The prosecution case, in short, is that on secret information, 90 liters of Nepali Saufi wine was recovered from a bag on the motorcycle bearing Chassis No. MBLJAW102KG CO1107. Accordingly, the FIR was lodged and the petitioner was taken into custody.

Patna High Court CR. MISC. No.27526 of 2022(2) dt.06-08-2022 2/3 As per the averments made in the bail application 90 liters of Nepali Saufi wine was alleged to have been found from a bag on the motorcycle. Further he is in custody since 16.03.2022 and has no criminal antecedent.

Taking into account the aforesaid facts, as also that he has no criminal antecedent, charge sheet stands submitted and he is in jail since 16.03.2022, this Court is inclined to grant the petitioner the privilege of bail.

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 Ladaniya P.S. Case No.69/2022 corresponding to G.R. No.414/2022 to the satisfaction of learned Additional Sessions Judge,II-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/her bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.27526 of 2022(2) dt.06-08-2022 3/3 police station every month for next six months to mark his/her presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his/her bail bonds. With the aforesaid observations, the bail application is allowed.

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