Amit Kumar Yadaw @ Amit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54117 of 2021 Arising Out of PS. Case No.-124 Year-2021 Thana- VIJAYEPUR District- Gopalganj ====================================================== Amit Kumar Yadaw @ Amit Kumar Yadav, Son of Late Ramashish Yadaw @ Late Ramashish Yadav, Resident of Village- Belawa Thakurai, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Gupta, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Vijayipur P.S. Case No. 124 of 2021 registered for the alleged offences under Sections 30(a) and 32 (3) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner has submitted that, as per allegation, 101.04 liters of foreign liquor was recovered from the motorcycle of the petitioner, however, nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.54117 of 2021(4) dt.24-06-2022 2/3 the petitioner. The petitioner is in custody since 27.06.2021. Regarding the antecedent of the petitioner, learned counsel has submitted that he has also made an accused in three other cases. Learned APP has opposed the prayer for bail, submitting that the petitioner is having criminal antecedent. Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Vijayipur P.S. Case No.124 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.54117 of 2021(4) dt.24-06-2022 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T