Yashwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35542 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== Yashwant Singh Son of Ramadhar Singh Resident of village- Baidapur, Bishunpura Police Station- Daraunda, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Smt. Sangita Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Daraunda P.S. Case No. 184 of 2020, registered for the offence under Sections 272, 273 of the Indian Penal Code Sections 30(a), 41(i) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 3266.40 liters of country-made liquor has been recovered from the house as well as from the pick-up van of the co-accused Nagendra Singh It is submitted on behalf of petitioner that nothing has been recovered from the physical possession of the petitioner. Petitioner has got no criminal antecedent, which fact has been stated in paragraph - 3 of the petition and petitioner is in custody since 16-08-2020.

Patna High Court CR. MISC. No.35542 of 2020(2) dt.22-12-2020 2/2 Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Siwan in connection with Daraunda P.S. Case No. 184 of 2020 on the following conditions: "(1) Petitioner shall cooperate 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.

(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.".

(Prabhat Kumar Singh, J.) anay/- U T