Bipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52081 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Bipin Kumar Yadav Son Of Bindeshwari Prasad Yadav Resident Of Vill - Bathuwa Mahua Tola P.S. Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gautam Kumar Yadav, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant is accused in Crime No. 128 of 2021 registered with Manjhagarh Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

It is not disputed that the applicant is not having any criminal antecedent.

It is case of the prosecution that on the basis of secret information police conducted raid and found that four persons were sitting in a four wheeler vehicle. Few cartons were loaded in that vehicle whereas few cartons were on the

Patna High Court CR. MISC. No.52081 of 2021(2) dt.01-04-2022 2/3 road. Upon seeing the police party those four persons managed to escape with the four wheeler. At the spot police found illicit Indian Made Foreign Liquor of 457.92 liters of quantity. The same came to be seized.

Investigation of the subject crime is over. The applicant is not having any criminal antecedent. Hence, his further pretrial detention is not warranted and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 128 of 2021 registered with Manjhagarh Police Station be released on bail on executing P.R. bond of Rs.20,000/- (Rupees Twenty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of 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/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this

Patna High Court CR. MISC. No.52081 of 2021(2) dt.01-04-2022 3/3 case in any manner till conclusion of the trial. (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) Mkr./- U T