Ramanuj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29573 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- BANSHI District- Jehanabad ====================================================== Ramanuj Yadav Son Of Jugesh Singh @ Jagesh Yadav @ Jogeshwar R/O Village- Chamandi, P.S.- Kurtha, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Section 30 (a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Recovery is of 225 litres of country made liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case on the basis of disclosure made by Chaukidar. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the

Patna High Court CR. MISC. No.29573 of 2022(2) dt.06-08-2022 2/3 conscious possession of the petitioner rather recovery has been made from the bank of river near the Sarfarpur Bagicha and he has no concern at all with the alleged recovery. The petitioner is in custody since 13.04.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Banshi P.S. Case No. 21 of 2021, with the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall

Patna High Court CR. MISC. No.29573 of 2022(2) dt.06-08-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T