Pramod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42571 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pramod Kumar Yadav Son Of Rajlal Yadav @ Raj Lal Yadav Resident Of Village - Yogiya, P.S.- Ladania, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Darbhanga Sadar P.S. Case No. 132 of 2022 for the offences punishable under Sections 30(a), of the Bihar Excise (Prohibition) Amendment Act. The police in course of patrolling duty intercepted Scorpio and Inova Vehicle and on search total 297 liters Nepali liquor was recovered. It is further alleged that the

Patna High Court CR. MISC. No.42571 of 2022(2) dt.30-09-2022 2/3 petitioner and other co-accused persons were apprehended at the spot.

Learned counsel for the petitioner submits that the petitioner has neither any concern with the vehicle nor with the illicit liquor. He next submits that on the fateful day, the petitioner was passing through the road, in the meantime, police conducted raid and thereafter, the people started fleeing away from the place of occurrence and in the meantime, he was also apprehended by the police on suspicion. He next submits that the petitioner is a man of fair antecedent is in custody since 23.03.2022 and investigation of the crime is already complete and the charge sheet has been submitted.

On the other hand, learned counsel for the State opposed the bail application.

Regard being had to the submission made on behalf of the parties and considering the fact that petitioner having fair antecedent is in custody since 23.03.2022, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.42571 of 2022(2) dt.30-09-2022 3/3 of learned Special Judge, Excise-I Darbhanga in connection with Darbhanga Sadar P.S.Case No. 132 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T