Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44722 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Hareram Yadav, Son of Umashankar Yadav, Resident of village- Bhotiya, P.SDarauli, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-10-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Arbind Kumar Singh, learned counsel for the petitioner and learned APP for the State, through video conferencing.

The petitioner seeks regular bail, who is in custody in connection with Mairwa P.S. Case No. 271 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The police in course of patrolling duty, intercepted three motorcycles and on search, total 54 liters of Bunty Bubly illicit wine was recovered from the motorcycle of the petitioner and he was apprehended at spot.

Patna High Court CR. MISC. No.44722 of 2022(2) dt.14-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner has neither any concern with the motorcycle nor with the illicit wine, however, as the petitioner was a passers-by, he was apprehended on suspicion and thereafter, implicating his name, recovery has been shown from his possession. He further submits that the petitioner, having fair antecedent, is in custody since 09.07.2022 though there is non compliance of Section 100 of the Cr.P.C., apart from defiance of Sections 81 and 82 of the Bihar Prohibition and Excise Act. He next submits that the investigation of the crime is already complete and charge-sheet has been submitted and he is having fair antecedent.

On the other hand learned APP for the State vehemently opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is already complete and charge-sheet has been submitted and there is no likelihood of commencement of trial in near future, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge (Excise) Court

Patna High Court CR. MISC. No.44722 of 2022(2) dt.14-10-2022 3/3 I, Siwan in connection with Mairwa P.S. Case No. 271 of 2022 , subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) shivank/- U T