Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43549 of 2019 Arising Out of PS. Case No.-598 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== SITARAM YADAV, Son of Ras Bihari Yadav, Resident of Village-Sapahi (Balua), P.S.-Brahampur, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Brahmpur P.S. Case No. 598 of 2018, instituted for the offence under Section(s) 30(a)/47 of Bihar Prohibition and Excise Act, 2016. It is alleged in the written report that 25.920 liters of foreign liquor has been recovered from three Motorcycles. On seeing the police party, Motorcycles riders fled away leaving the cartons of liquor and Motorcycles. Counsel for the petitioner submits that from the seizure list it appears that there is no recovery from conscious possession of the petitioner.

Petitioner is in custody since 13.5.2019 having clean antecedent.

Patna High Court CR. MISC. No.43549 of 2019(2) dt.18-07-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Special Judge, Excise Act, Buxar, in connection with Brahmpur P.S. Case No. 598 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. It is mentioned in paragraph-3 of the bail petition that five excise cases are pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T