Patna High CourtCR. MISC./67055/2018bail granted

Chhotelal Yadav v. The State Of Bihar

2018-11-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67055 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Saharsa ====================================================== Chhotelal Yadav Son of Late Aangelal Yadav @ Agni Lal Yadav, Resident of Village-Khadipur, P.O.-Khadipur P.S. Bihara District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Special (Excise) Case No.466 of 2018 registered for offences punishable under Sections 30(a) of Bihar Excise Act, 2016. Allegation against the petitioner is about recovery of 18 ltrs. Of liquor from the possession fo the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this having no criminal antecedent and he is in custody for more than 2 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the

Patna High Court Cr.Misc. No.67055 of 2018(3) dt.27-11-2018 2/2 like amount each to the satisfaction of the learned court of Special Jduge, Excise Act, Saharsa in connection with Special Excise Case No.466 of 2018.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T