Mithilesh Kumar Yadav @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33324 of 2022 Arising Out of PS. Case No.-178 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== MITHILESH KUMAR YADAV @ MITHLESH YADAV S/o Jagnarayan Singh R/o village- Tikadhar Bigha, Hathikhap, P.S.- Jamhore, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 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 in virtual court proceeding. The petitioner seeks bail in connection with Madanpur P.S. Case No. 178 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Excise Prohibition and Amendment Act, 2018.

As per prosecution case, there is alleged recovery of 256.50 litre illicit country made liquor from the car in question. It is alleged that seeing the police team, petitioner and others started fleeing but petitioner was apprehended on chase. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.33324 of 2022(2) dt.12-08-2022 2/3 petitioner is in custody since 18.04.2022 and bears criminal antecedent of three cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing incriminating article has been recovered from conscious possession of the petitioner rather the alleged recovery has been made from car in question and petitioner is not owner of the said car. Seizure list has not been made as per law.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, 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 Special Judge, Excise-1, Aurangabad in connection with Madanpur P.S. Case No. 178 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.33324 of 2022(2) dt.12-08-2022 3/3 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) shahzad/- U T