Ashish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41573 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== ASHISH KUMAR YADAV S/o Ashok Kumar Yadav R/o village- Baldiha, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, 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 Jaynagar P.S. Case No. 194 of 2022 (G.R. No. 1000 of 2022) lodged under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per the prosecution case, total recovery of 90 littre country made liquor was alleged to be recovered from one motor vehicle in this case.

Learned counsel for the petitioner submits that petitioner is not apprehended from the place of occurrence rather police have chased him and then he was arrested. He

Patna High Court CR. MISC. No.41573 of 2022(2) dt.29-08-2022 2/3 submits that motor cycle does not belong to him. He further submits that petitioner is in custody since 23.06.2022, chargesheet has already been filed and he has having clean antecedent. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Jayanagar P.S. Case No. 197 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 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.

Patna High Court CR. MISC. No.41573 of 2022(2) dt.29-08-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Aditi/- U T