Yogendra @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52103 of 2021 Arising Out of PS. Case No.-235 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== YOGENDRA @ YOGENDRA KUMAR S/o Raushan @ Raushan Lal Resident of House no.15 (B), Qutub Vihar, Part-2, Gali No.-01, South West Delhi- 110071, Present Add- House of Amit Anurag, Alkapuri, P.S.- Beur, District- Patna.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Bihari Singh, Advocate.

For the State :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-02-2022 The applicant is being given out of turn hearing on the ground of heart ailment of his mother.

Necessary time was granted to the State in that regard. The applicant is an accused in Crime No.235 of 2021 registered with Police Station-Parsa Bazar for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act 2018. Heard both sides.

According to the prosecution case, a Centro car was checked in which three passengers were found. The applicant is one amongst them. According to the prosecution case, 200 liters of Mahua liquor was found in the said car.

The applicant is undergoing pretrial detention from

Patna High Court CR. MISC. No.52103 of 2021(3) dt.14-02-2022 2/3 08.07.2021. It is reported that he is not having any criminal antecedents. The charge-sheet has already been filed. Hence, I see no reason to refuse bail to the applicant. Therefore, the following orders:

(i). The application is allowed.

(ii). The applicant/accused in Crime No.235 of 2021 registered with Police Station-Parsa Bazar for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act 2018, be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: (I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.

Patna High Court CR. MISC. No.52103 of 2021(3) dt.14-02-2022 3/3 (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T