Rameshwar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1126 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- MANSI District- Khagaria ====================================================== RAMESHWAR PRASAD YADAV Son of Late Deonath Prasad Yadav Resident of Village- Mashan P.S.- Marhowrrah, District- Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 08.09.2020 in connection with Mansi P.S. Case No. 197/2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, during vehicle checking one truck was intercepted from which 1332 liters of illegal English wine was recovered and petitioner was driver of the said vehicle who was apprehended on the spot.

It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the petitioner being driver of the truck was not aware about the nature of consignment. Petitioner has got no criminal antecedent and he is

Patna High Court CR. MISC. No.1126 of 2021(2) dt.02-03-2021 2/2 in custody since 08.09.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned in connection with ADJ II cum Special Judge, Excise, Khagaria in connection with Mansi P.S. Case No. 197/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T