Patna High CourtCR. MISC./36918/2021bail granted

Dhananjay Madhesia v. The State Of Bihar

2021-09-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36918 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== DHANANJAY MADHESIA Son of Mangnu Madhesia, Resident of Village - Bankata Bazar (Koelsawa), P.s.- Patherwa, Distt.- Kushinagar (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kateya P.S. Case No. 10 of 2021, registered for the offence punishable punishable under Sections 414/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

18 litres of country made liquor has been recovered from motorcycle of the petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is in custody since 09.01.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.36918 of 2021(2) dt.17-09-2021 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge Excise, Gopalganj in connection with Kateya P.S. Case No. 10 of 2021, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T