Rajkumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33970 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== RAJKUMAR YADAV SON OF LATE BABULAL YADAV@ BABUAL RAY RESIDENT OF VILLAGE- MAGRAHI, PS- MEHSI, DISTT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.
Let the defect(s), if any, be removed within a period of four weeks from today.
This application is filed for grant of regular bail in connection with Piprakothi P.S. Case No. 295 of 2022 registered for the offences under Sections 188, 272, 273, 414, 420, 34 of the Indian Penal Code and Section 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is recovery of 324 litres of English liquor and petitioner has offered to deposit 10,000/- (Rupees Ten Thousand Only) in ₹ Ram Krishna Mission Sevashrama, Swani Vivekanand Path,
Patna High Court CR. MISC. No.33970 of 2023(2) dt.23-05-2023 2/3 Bela, Muzaffarpur, Bihar- 842002, without accepting his guilt. The petitioner has four antecedents and also he is in custody since 12.04.2023. The petitioner has four antecedents. Learned A.P.P. has vehemently opposed the prayer for bail.
Considering the period of custody and the allegations levelled against the petitioner, this application for regular bail is allowed.
Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of 10,000/- (Rupees Ten Thousand ₹ Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.- 1, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 295 of 2022.
The petitioner shall deposit an amount of 10,000/- ₹ (Rupees Ten Thousand Only), as has been offered by him, in the Ram Krishna Mission Sevashrama, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar- 842002 and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds of the petitioner shall be accepted only after he produces the receipt of 10,000/- (Rupees Ten ₹
Patna High Court CR. MISC. No.33970 of 2023(2) dt.23-05-2023 3/3 Thousand Only) issued by the Ram Krishan Mission, Muzaffarpur and after verification of the genuineness of the said receipt from concerned Ramkrishna Mission, Ashram. The petitioner will visit Mehsi Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.
(Sandeep Kumar, J) abhishekkr/- U T