Patna High CourtCR. MISC./36320/2019bail granted

Binod Yadav @ Binod Kumar v. The State Of Bihar

2019-06-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36320 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Binod Yadav @ Binod Kumar, aged about 44 years, Gender-Male, S/o Ram Ishwar Yadav Resident of Jaganpura, P.S.- Ram Krishna Nagar, DistrictPatna. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sushil Kumar Jha, Advocate For the Opposite Party :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.04.2019 in connection with Special Case No. 3866 of 2019 arising out of Ram Krishna Nagar P.S. Case No. 262 of 2019 for the offences alleged under Sections 30(a) and 44(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 13 litres of country made liquor. It is submitted that the recovery has not been made from conscious possession of the petitioner. The petitioner has already suffered for about two months in custody. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3866 of 2019 arising out of Ram Krishna Nagar P.S. Case No. 262 of 2019 on the following conditions:-

Patna High Court CR. MISC. No.36320 of 2019(2) dt.12-06-2019 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T