Timil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38775 of 2022 Arising Out of PS. Case No.-657 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== Timil Yadav Son of Ramnath Yadav Resident of Village - Chhatnwar, P.S.- Krishnabrahm, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Brahmpur P.S. Case No. 657 of 2021 for the offences punishable under Sections 30(a), of the Bihar Excise (Prohibition) Amendment Act.

The allegation against the petitioner to be engaged in storage and selling of illicit liquor and on search total 450 liters country made liquor was recovered from a hut situated in front of the house of the petitioner.

2/4 Learned counsel for the petitioner submits that the petitioner was neither arrested at the spot nor any incriminating article has been recovered from person and possession of the petitioner. He further submits that the alleged recovery has been made from the hut which does not belong to the petitioner. Furthermore, the name of the petitioner has been disclosed by village chawkidar and there is no other material which suggest the complicity of the petitioner. The petitioner is named in seven other cases besides the present case. Moreover, petitioner is in custody since 20.04.2022.

On the other hand, learned counsel for the State opposed the bail application and submits that petitioner has multiple criminal antecedent.

Regard being had to the submission made on behalf of the parties and considering the fact that petitioner was neither arrested at the spot nor any incriminating material has been recovered from person or possession and the alleged recovery has been made from a hut, which does not belong to the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/-

3/4 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II Buxar in connection with Brahmpur P.S.Case No. 657 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancelling of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above- mentioned order shall not be

4/4 delayed for purpose of or in the name of verification. (Harish Kumar, J) N.K/- U T