Patna High CourtCR. MISC./40264/2022bail granted

Viveka Yadav @ Bikwa v. The State Of Bihar

2022-08-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40264 of 2022 Arising Out of PS. Case No.-376 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Viveka Yadav @ Bikwa Son of Pallat Yadav R/o- Vill- Raghunathpur, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajkumar Rajesh, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 376 of 2020 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per the prosecution case, total recovery of 306 litres English Wine alleged to be made in this case. Learned counsel for the petitioner submits that the petitioner is not apprehended from the place of occurrence. He further submits that petitioner is in custody since 13.11.2021 having clean antecedent.

Patna High Court CR. MISC. No.40264 of 2022(2) dt.29-08-2022 2/2 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court, Begusarai in connection with Sahebpur Kamal P.S. Case No. 376 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T