Amod Yadav @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50160 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== AMOD YADAV @ AMOD KUMAR S/O SHOKHI YADAV R/o villageAgropatti, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that the informant on secret information went to the place of occurrence with his associates and started to search there and about 100 meter from the house of the petitioner and outside of the field of Soukhi Yadav found illicit liquor hidden by paddy straw and recovered 433 litres and 800 ML of Foreign liquor from there.

Patna High Court CR. MISC. No.50160 of 2021(3) dt.24-03-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. It is further submitted that it appears from the First Information Report as well as in the seizure list, nothing has been recovered from the conscious possession of the petitioner rather the same has been recovered from the open field of co-accused, Soukhi Yadav. It is further submitted that police after investigation submitted charge sheet against the petitioner and the petitioner is in custody since 08.08.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above name, 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 learned Court below where the case is pending in connection with Benipatti P.S. Case No. 20 of 2021with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.50160 of 2021(3) dt.24-03-2022 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.

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) Jagdish/- U T