Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34421 of 2023 Arising Out of PS. Case No.-524 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== UPENDRA YADAV S/O LATE UTTIM LAL YADAV @ LATE UTTAM YADAV R/O Village- Korahiya (Navtoli), P.S- Jaynagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learnd APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jaynagar P.S. Case No. 524 of 2022 registered for the offence under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2022. Learned counsel for the petitioner submits that the petitioner is in custody since 27.03.2023 and it is alleged that there is recovery of 766.53 liters of Nepali Liquor. Learned counsel for the petitioner further submits that the petitioner has offered to deposit Rs. 50,000/- (Fifty

Patna High Court CR. MISC. No.34421 of 2023(2) dt.25-05-2023 2/3 Thousand) in Ram Krishna Mission Sevashrama, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar-842002. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, 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 Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/concerned Court below in connection with Jaynagar P.S. Case No. 524 of 2022 subject to following condition:- (I) One of the bailor should be blood relative of the petitioner.

(ii) The petitioner will mark his attendance at the Jaynagar Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

Petitioner's bail bond shall be accepted only after

Patna High Court CR. MISC. No.34421 of 2023(2) dt.25-05-2023 3/3 he produces the receipt of deposited amount issued by Ram Krishna Mission Sevashram, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar-842002.

(Sandeep Kumar, J) Shishir/- U T