Raj Kumar Yadav Alias Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30007 of 2022 Arising Out of PS. Case No.-477 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== RAJ KUMAR YADAV ALIAS RAJA YADAV SON OF LATE SITA RAM YADAV RESIDENT OF VILLAGE- ISMAIL NAGAR, WARD NO 08, P.SBAKHARI , DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bakhari P.S. Case No. 477 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 15 litres country made liquor besides other articles from the place of occurrence. Petitioner is alleged to be involved in selling of liquor.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30007 of 2022(2) dt.05-08-2022 2/3 petitioner is in custody since 29.11.2021. Petitioner bears criminal antecedent of three cases of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner. Alleged illegal liquor has been recovered from Betaha Chour which is an open field and petitioner's house is far away from the place of occurrence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court - 2, Begusarai in connection with Bakhri P.S. Case No. 477 of 2020, subject to

Patna High Court CR. MISC. No.30007 of 2022(2) dt.05-08-2022 3/3 following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T