Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42662 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Rahul Kumar Yadav, aged about 25 years, son of Lalit Yadav, resident of village- Kisnipatti. P.S- Ghoghardiha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Anita Kumari APP ====================================================== 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 Andhramath P.S. Case No. 05 of 2022 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and section 30(a), of the Bihar Prohibition & Excise Act 2016.

The police on a secret information intercepted the petitioner , who was coming on a motorcycle from Nepal to India and on search total 90 liters illicit was recovered.

Patna High Court CR. MISC. No.42662 of 2022(2) dt.30-09-2022 2/3 Learned counsel for the petitioner submits that nothing has been recovered from person or possession of the petitioner. However, at the time of vehicle checking some altercation took place between the police personnel and the petitioner and on account of annoyance, the name of the petitioner has been implicated in this case. He next submits that the petitioner has no concern with the illicit liquor and petitioner having fair antecedent is in custody since 12.06.2022 and the investigation 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 12.06.2022 and after completion of the investigation charge sheet has been submitted, 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 of learned Special Judge, Excise Jhanjharpur, Madhubani in connection with Andhramath P.S.Case No.

Patna High Court CR. MISC. No.42662 of 2022(2) dt.30-09-2022 3/3 95 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