Patna High CourtCR. MISC./48494/2021bail granted

Balram Kumar Yadav v. The State Of Bihar

2021-12-17Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48494 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== BALRAM KUMAR YADAV S/o RAMAKANT YADAV R/o VILLAGERANTI MOHANPUR, P.S-RAJNAGAR, DISTRICT-MADHUBANI. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Basopatti P.S. Case No. 167 of 2021, G.R. No. 1121 of 2021 registered for the offences punishable under Sections 272, 273, 34 of the IPC and Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.

There is recovery of 270 litres of illicit Nepali liquor from a Honda City Car.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence

Patna High Court CR. MISC. No.48494 of 2021(2) dt.17-12-2021 2/3 and he has falsely been implicated in the present case. Learned counsel further submits that it appears from the FIR itself that seized liquor has been recovered from one Honda City Car and nothing has been recovered from conscious possession of the petitioner. The vehicle in question does not belong to the petitioner. Petitioner is in custody since 29.06.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Basopatti P.S. Case No. 167 of 2021, G.R. No. 1121 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.48494 of 2021(2) dt.17-12-2021 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that 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 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T