Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37865 of 2020 Arising Out of PS. Case No.-285 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Ashok Yadav, S/o Manan Yadav, R/o Village-Ushrahi, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Daraunda (M.H. Nagar) P.S. Case No.285 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Total 1581.120 litres illicit liquor has alleged been recovered from the brick-kiln of co-accused Pankaj Kumar Pandey, leading to the petitioner's implication in this case. It is submitted that even as per the prosecution case, recovery is from the brick-kiln of co-accused. There is no basis for the petitioner's implication. He has no criminal antecedents. and is in custody since 07.09.2020.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.37865 of 2020(2) dt.05-02-2021 2/3 bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 Additional Sessions Judge-II-cumSpecial Judge, Excise, Siwan, in connection with Daraunda (M.H. Nagar) P.S. Case No.285 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings

Patna High Court CR. MISC. No.37865 of 2020(2) dt.05-02-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T