Shrawan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46638 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== SHRAWAN KUMAR YADAV SON OF LATE ARUN YADAV @ ARUN KUMAR YADAV RESIDENT OF VILLAGE- YOGIYA, PS- LADANIYA, DIST- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Khajauli P.S. Case No. 86 of 2023 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3.
The accused/petitioner is named in the F.I.R. and is in custody since 09.05.2023.
4.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 135 litres of illicit liquor.
5.
Learned counsel appearing on behalf of the petitioner submitted that implication of this petitioner appears
Patna High Court CR. MISC. No.46638 of 2023(2) dt.07-08-2023 2/3 only being a driver of the alleged car, from where, recovery of illicit liquor was made. It is submitted that petitioner is neither owner of the alleged vehicle nor connected in any manner with alleged recovery of illicit liquor and as such, it can be said safely that recovery of illicit liquor was not made from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that petitioner found involved in 03 more criminal cases, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
7.
Considering the facts and circumstances as mentioned above, as implication of this petitioner appears only being a driver of alleged vehicle, from where, recovery of illicit liquor was made coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 09.05.2023, let the petitioner, above named, is directed to be released on bail in connection with Khajauli P.S. Case No. 86 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.46638 of 2023(2) dt.07-08-2023 3/3 satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. with further conditions:
"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors of the petitioner shall be deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T