Rajkishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29413 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== RAJKISHORE YADAV S/o Late Shivpujan Yadav Resident of VillageMirjapur, P.S.-Raghunathpur, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 30(a)/38(i)/41(i) of the Bihar Prohibition and Excise Act, 2016.

Liquor was recovered from a truck. However, the petitioner was not there. The petitioner has stated on oath that the truck was not of the petitioner nor the petitioner has any concern with the recovered liquor. The petitioner has been falsely implicated in this case due to criminal antecedent. The

Patna High Court CR. MISC. No.29413 of 2020(2) dt.09-11-2020 2/2 petitioner is in custody since 03.12.2019.

Considering the facts of this case, let the petitioner, above named, be released on bail after framing of the charges so that the trial may not hamper on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Daraudha P.S. Case No.189 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T