Ujjwal Rai @ Ujjwal Yadav @ Ujjwal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32995 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== Ujjwal Rai @ Ujjwal Yadav @ Ujjwal Kumar Son of Late Ram Pravesh Yadav @ Ram Pravesh Rai Resident of Village - Yogiyatoli, P.S.- Gardanibagh, Dist.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Special Case No. 1615 of 2019 arising out of Gardanibagh P.S.Case No. 79 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner. It was not known to the petitioner as to how the recovered liquor reached there. It is further contended that the petitioner has been framed in this case on account of the fact that there is already a land dispute with one Sunil Kumar, a covillager.

Patna High Court CR. MISC. No.32995 of 2019(2) dt.20-05-2019 2/2 Be that as it may, considering the nature of the offence as also the fact that the petitioner is in custody since 18.03.2019 and his custodial interrogation is not warranted, he is directed to 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 the learned Special Judge Excise, Patna in connection with Special Case No. 1615 of 2019 arising out of Gardanibagh P.S. Case No. 79 of 2019, subject to the conditions:

(a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Pradeep/- U T