Patna High CourtCR. MISC./59637/2017bail granted

Ramashray Yadav @ Rajesh @ Ram Asre Yadav v. The State Of Bihar

2018-02-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59637 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -WAJIRGANJ District- GAYA ====================================================== Ramashray Yadav @ Rajesh @ Ram Asre Yadav, Son of Ramjani Yadav Resident of Village Kusha, P.S Barsathi, District - Jonpur (U.P.). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 21.03.2017, has renewed his prayer for bail in connection with Excise Case No. 282 of 2017 arising out of Wazirganj P.S. Case No. 110 of 2017 for the offences alleged under Sections 272, 273, 120B, and 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act having earlier been rejected by this Court by order dated 06.07.2017 in Cr. Misc. No. 27591 of 2017.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 1080 litres of Royal Stag foreign liquor. Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 21.03.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Excise

Patna High Court Cr.Misc. No.59637 of 2017 (2) dt.28-02-2018 2/2 Case No. 282 of 2017 arising out of Wazirganj P.S. Case No. 110 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/B.T.

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