Patna High CourtCR. MISC./28999/2023allowed

Sri Prasad Yadav v. The State Of Bihar

2023-05-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28999 of 2023 Arising Out of PS. Case No.-127 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== SRI PRASAD YADAV Son of Late Bhikhari Yadav Resident of village-Bela, P.S.-Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neetu Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 127 of 2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is in custody since 26.09.2022. Learned APP has vehemently opposed the prayer for bail.

Considering the fact that because of the land dispute, the petitioner and others have assaulted the informant due to which he sustained injury and also considering the period of custody, this application

Patna High Court CR. MISC. No.28999 of 2023(2) dt.24-05-2023 2/2 is allowed.

Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani, in connection with Babubarhi P.S. Case No. 127 of 2021.

The petitioner will give an undertaking in the trial court that he will not approach the land on which the title suit is going on and violation of aforesaid undertaking will result in the cancellation of the bail bond of the petitioner. This is also subject to the conditions that (I) the petitioner shall mark his presence in Babubarhi Police Station, District- Madhubani on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T