Shubham Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40032 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Shubham Yadav S/o Gauri Yadav @ Gouri Yadav Resident of Village - Samastipur, P.S. - S. Kamal, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in S. Kamal P.S. Case No. - 82 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

126 liters of foreign liquor has been recovered from the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Recovery has been made from the house, which is in joint possession of the family. Petitioner has got clean antecedent and he is in custody since 10.04.2021. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed.

Patna High Court CR. MISC. No.40032 of 2021(2) dt.07-10-2021 2/2 Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II cum Special Judge (Excise Act), Begusarai in connection with S.Kamal P.S. Case No. 82 of 2021, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T