Raj Dhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41069 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Raj Dhari Yadav S/O PRABHAT YADAV Resident of village- Alekhi Tola, P.S.- Barhara, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) 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 Barhara P.S. Case No. 289 of 2022, lodged under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

As per prosecution case, total recovery of 16.14 litres of foreign liquor were alleged to be recovered from near Baburbani.

Learned counsel for the petitioner submits that the recovery was not made from conscious possession of the petitioner. He further submits that police has arrested him upon chase. He further submits that petitioner is in custody since 25.04.2022 and charge-sheet has already been filed in this case having clean antecedent.

Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.41069 of 2022(2) dt.27-08-2022 2/2 In the present facts and circumstances of the 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 Court 1st Exclusive Special Excise Court, Bhojpur at Ara in connection with Barhara P.S. Case No. 289 of 2022, 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 be 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.) Ranjeet/- U T