Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55371 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- BANDHUWA KURAWA District- Banka ====================================================== Mukesh Yadav S/O Late Kedar Yadav R/O Village-Lakrikola, P.S-Banka, District-Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Special Excise Case No.422 of 2021 arising out of Bandhua Kuraba P.S.Case No.28 of 2021 registered for the offence under Sections 30(a)(f) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that on search, 38.4 liters of foreign liquor was recovered from the sack which was tied on the motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.55371 of 2021(2) dt.25-01-2022 2/3 case. He further submits that it appears from the FIR that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from one motorcycle. Petitioner is in custody since 22.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the aforesaid facts and period of custody, let the petitioner, 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 learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No.422 of 2021 arising out of Bandhua Kuraba P.S.Case No.28 of 2021 with the 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 and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

Patna High Court CR. MISC. No.55371 of 2021(2) dt.25-01-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T