Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30902 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- JAIPUR District- Banka ====================================================== 1.

RAMCHANDRA YADAV Son of Bhim Prasad Yadav Resident of VillagePiramo, P.S.-Mohanpur, District-Deoghar (Jharkhand). 2.

Pappu Yadav Son of Garajlal Yadav Resident of Village-Tulsibaran, P.SMohanpur, District-Deoghar (Jharkhand). 3.

Girdhari Yadav Son of Kanthi Prasad Yadav Resident of Village-Tumbabel, P.S.-Mohanpur, District-Deoghar (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the Indian Penal Code. There is recovery of 22.500 litres of foreign liquor from the joint possession of the petitioners. It has been submitted on behalf of the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated. He submits that there is first offence of the petitioners and they are languishing in judicial custody since

Patna High Court CR. MISC. No.30902 of 2019(3) dt.05-07-2019 2/2 09.03.2019.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Banka in connection with Jaipur Police Station Case No. 10 of 2019, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below. (III) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Anjani Kumar Sharan, J) devendra/- U T