Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.360 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== Karu Yadav Son of Jhari Yadav Resident of Village- Mandih, P.S.- Rajauli, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Rajauli PS Case No.418 of 2020 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Since 07.09.2020, the petitioner is in custody. It is alleged that 15 litres 'Mahua' wine has been recovered from his house. Learned counsel for the petitioner submits that it is a case of false implication. The petitioner has one other criminal antecedents. It is his submission that the recovery is in violation of the prescribed procedure.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner,

Patna High Court CR. MISC. No.360 of 2021(2) dt.22-02-2021 2/2 above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Rajauli PS Case No.418 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T