Pappu Yadav @ Indrajeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23952 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- SIMRI District- Buxar ====================================================== PAPPU YADAV @ INDRAJEET YADAV Son of Late Mundar Yadav @ Late Manordan Yadav Resident of Village - Majhwari, Police Station - Simri, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Pandey For the Opposite Party/s :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Arun Kumar Pandey, learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Semri P.S. Case No. 351 of 2019 ( CIS excise - 1460/2019) registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The allegation against the petitioner as per the First Information Report is that Police got an information that the petitioner along with other accused persons has brought consignment of illegal liquor on his Indigo Car, which was standing at his door proceeded towards the place of occurrence
Patna High Court CR. MISC. No.23952 of 2020(2) dt.17-09-2020 2/3 and upon seeing the Police party the petitioner and other accused persons succeeded in fleeing away. The Police after search of the Indigo Car has recovered a total quantity of 111.6 liters of illicit liquor from the said Car.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused in this case due to village politics. Learned counsel further submits similarly situated coaccused persons have been granted bail by this court in Cr. Misc. No. 20384 of 2020. Learned counsel also submits that petitioner was in custody in Simri P.S. Case No. 273 of 2018 from where he has been remanded in this case on 29.05.2020. Having regard to the submissions made by the parties, taking into consideration the materials available on record and the fact that petitioner has got criminal antecedent, I am inclined to grant regular bail to the petitioner after framing of the charge.
Accordingly, let the petitioner, above named, be released on regular bail after framing of the charge, if not required in any other case on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions
Patna High Court CR. MISC. No.23952 of 2020(2) dt.17-09-2020 3/3 Judge - IInd cum Special Judge (Excise), Buxar / court concerned in connection with Simri P.S. Case No. 351 of 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U