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Patna High CourtCR. MISC./53765/2017bail granted

Amarjit Yadav @ Amarjit Kumar Yadav v. The State Of Bihar

2017-11-09Mr. Justice Dr. Ravi Ranjan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53765 of 2017 Arising out of P.S. Case No.-83 Year-2017 Thana- LAUKHI District- Madhubani =============================================== Amarjit Yadav @ Amarjit Kumar Yadav, Son of Lorik Yadav, R/o Village-Koriyahi, P.S.-Laukahi, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Adv. For the Opposite Party/s: Mr. Panchanand Pandit, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 272 and 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 225 litres of Nepali Soufi Wine was recovered from the sacks of jute kept on three bicycles which were being carried by three persons, one of them was caught by the police on chase who disclosed his name Shibu Mandal and on the basis of his confessional

Patna High Court Cr.Misc. No.53765 of 2017(2) dt.09-11-2017 2/3 statement petitioner has been made accused in this case. It is further contended that the petitioner is accused in one another case, i.e., Laukahi P.S. Case No. 101 of 2017 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act in which he is already on bail. It is urged that the petitioner is in custody since 04.07.2017.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case No. 83 of 2017 with a condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner.

Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

In view of the antecedent of the petitioner, he would

Patna High Court Cr.Misc. No.53765 of 2017(2) dt.09-11-2017 3/3 be required to appear before the Superintendent of Police, Madhubani within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Vikash/- U T