Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53949 of 2021 Arising Out of PS. Case No.-691 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== MUKESH YADAV @ MUKESH KUMAR YADAV Son of Ghanshyam Yadav Resident of Bharsiya, P.S. - Falka, District - Katihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Advocate For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant/accused in Crime No. 691 of 2021 registered with K. Hat (Maranga) Police Station for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 by this application is seeking his release on bail during pendency of the trial.
Heard both sides.
Police received secret information that one person has kept concealed the illicit liquor in his garage at Harda Bazar. That is how the spot was raided. The applicant was arrested on the spot as the garage was found to be storing 82.125 litres of illicit liquor.
Investigation of the subject crime is over. The applicant is having one criminal antecedent, the care of which
Patna High Court CR. MISC. No.53949 of 2021(2) dt.22-04-2022 2/3 can be taken by imposing stringent condition. The applicant is undergoing pre-trial detention from August 2021. Therefore, his further pre-trial detention is not warranted and hence, the order:- i. The application is allowed.
ii. The applicant/accused in Crime No. 691 of 2021 registered with K. Hat (Maranga) Police Station be released on bail on executing P.R. bond of Rs. 20,000/- (Rupees Twenty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty
Patna High Court CR. MISC. No.53949 of 2021(2) dt.22-04-2022 3/3 to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J) shahzad/- U T