Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35704 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- SIMRI District- Buxar ====================================================== BHIM YADAV Son of Nand Jee Yadav R/O Vill.- Keshopur, P.S.- Tilak Rai Ka Hata (O.P.), Simari, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Simari (Hata) P.S. Case No. 122 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, there is alleged recovery of 172.8 of foreign liquor from the Scorpio in question. Petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. The petitioner is neither owner nor driver of the seized vehicle. Nothing was recovered from the conscious possession of the petitioner. Petitioner is in custody since 24.04.2023 and bears two criminal

Patna High Court CR. MISC. No.35704 of 2023(2) dt.14-06-2023 2/3 antecedents out of which one is of similar nature. Petitioner is on bail in both cases.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Buxar, in connection with Simari (Hata) P.S. Case No. 122 of 2023 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.35704 of 2023(2) dt.14-06-2023 3/3 for cancellation of bail.

(Alok Kumar Pandey, J) divyanshi/- U T