Bablu Yadav @ Babulal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36863 of 2023 Arising Out of PS. Case No.-419 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== BABLU YADAV @ BABULAL YADAV SON OF LATE GORELAL YADAV RESIDENT OF VILLAGE - ENGLISH MOHALLA, WARD NO. 05, PS- LAKHISARAI, DISTT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise P.S. Case No. 419 C2/2023 registered for the offences punishable under Section 37 of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, petitioner was found in drunken condition and apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 23.04.2023. Petitioner bears one criminal antecedent which is similar to the present case in which he is on bail. He further submits that petitioner is quiet innocent and has falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.36863 of 2023(2) dt.15-06-2023 2/3 recovered from the conscious possession of the petitioner. 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 Additional Sessions Judge Vcum-Exclusive Special Court II Excise Act, Lakhisarai in connection with Excise P.S. Case No. 419 C2/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of 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.36863 of 2023(2) dt.15-06-2023 3/3 for cancellation of bail.

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