Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47869 of 2016 Arising Out of Excise.Case No. -19 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictWEST CHAMPARAN (BETTIAH) ============================================= Awadhesh Yadav, Son of Sri Baldeo Yadav, resident of village Amawa, Ahir tola, P.S. Majhauliya, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarendra Nath Verma, Advocate. For the State : Sri Jagdhar Prasad, A.P.P. ============================================= CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.09.2016 in connection with Excise Case No. 19 of 2013 for the alleged offences under Sections 47(A) and 47(F) of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated for an offence alleged to have occurred in May, 2013 much before the amended provisions of the Bihar Excise Act. No recovery has been made from the conscious possession of the petitioner who claims clean antecedents.

4 Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri A.K. Tiwary, learned Additional Chief Judicial Magistrate IV, Bettiah, West Champaran, in connection with Excise Case No. 19 of 2013 on the following conditions:

(i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.47869 of 2016 (3) dt.13-12-2016 2/2 the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) S.Ali/B.T.

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