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Patna High CourtCR. MISC./26107/2018bail granted

Pappu Yadav v. The State Of Bihar

2018-05-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26107 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -SAHPUR District- BHOJPUR ====================================================== Pappu Yadav, Son of Jagdish Yadav, Resident of Village+ P.S.- Shahpur, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Shahpur P.S. Case No. 63 of 2018 for the offences punishable under Sections 353, 504, 506/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2018. The allegation is regarding recovery of 6.5 liters of illicit liquor from the house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent and no recovery has been made from the conscious possession of the petitioner. It is submitted that the petitioner is languishing in custody since 12.3.2018. It is further submitted that the petitioner is ready to abide by whatever conditions which may be imposed by this Court.

Patna High Court Cr.Misc. No.26107 of 2018 (4) dt.29-05-2018 2/2 Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-04th Additional Sessions Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 443 of 2018 (Shahpur P.S. Case No. 63 of 2018).

Considering the fact that the petitioner is an accused in couple of similar type of cases, this Court is of the view that in case the petitioner is implicated in similar type of cases henceforth, the present privilege of bail shall stand cancelled automatically.

It is directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10 A.M. on each and every Monday of the month and in the event of his failure on three consecutive occasions to mark his attendance, the present privilege of anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) S.Sb/- U T