Chhotelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45323 of 2021 Arising Out of PS. Case No.-189 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== CHHOTELAL YADAV, Son of Baldev Yadav Resident of Village- Lakhpat Bigha, Police Station- Govindpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 06.03.2021, seeks regular bail in connection with Govindpur P.S. Case No. 189 of 2019, for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that altogether 120 litres of illicit country made liquor, kept in four gunny bags, was recovered during the raid by the Police personnel from the possession of two persons, while other person managed to escape from the spot.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.45323 of 2021(2) dt.12-01-2022 2/3 submits that petitioner has no concerned with the alleged seized liquor. He further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent and he is in custody since 06.03.2021. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. One Lakh with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Nawada in connection with Govindpur P.S. Case No. 189 of 2019, subject to the following conditions:-

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

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers 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 petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.45323 of 2021(2) dt.12-01-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T