Chhakai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39189 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chhakai Yadav, Son of Nathuni Yadav, Resident of Village- Narain Sah Tola, P.S.- Bathwariya, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bathwariya P.S. Case No.51 of 2017 instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act.
Learned counsel for the petitioner has submitted that in the seizure list it is mentioned that recovery has been made near the Jackfruit (Kathal) tree of HarinandanYadav situated back side of house of this petitioner.
It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six
Patna High Court Cr.Misc. No.39189 of 2017 (3) dt.13-11-2017 2/2 weeks from today, in connection with Bathwariya P.S. Case No. 51 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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. (Sanjay Priya, J) S.Ali/- U T