Indrajeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56639 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== INDRAJEET YADAV SON OF RAJDHAN YADAV RESIDENT OF VILLAGE- RAGHUNATHPUR, P.S.- RAGHUNATHPUR, DISTT.- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2023 Heard Mr. Vikash Kumar Jha, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

The petitioner is in judicial custody in connection with Raghunathpur P.S. Case No. 196 of 2022 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act lodged on 24.08.2022 by the informant, Sunny Kumar.

As per the prosecution story, the police upon information that liquor have been stored in a bush of the bridge and they are trying to sell reached the place. The police tried to intercept but they escaped and the locals/chowkidar gave the name of the accused persons, petitioner being one of them. It is the case of the petitioner that admittedly, the recovery of 105 liters country-made 'mahua and 14 liters

Patna High Court CR. MISC. No.56639 of 2023(2) dt.29-08-2023 2/3 foreign liquor have been recovered from the bushes, an open place, nothing has been recovered from his conscious possession for which he has suffered by being in custody since 18.05.2023 (as stated in paragraph-11 of the petition) though he concede that he has criminal antecedent.

Learned APP for the State opposes the prayer for bail.

Taking into account the aforesaid submissions put forward by the learned counsel for the petitioner as also the fact the alleged recovery is from the bushes, in an open place and he is in custody since 18.05.2023, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 2, Siwan in connection with Raghunathpur P.S. Case NO. 196 of 2022, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.56639 of 2023(2) dt.29-08-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. Before parting, this Court would like to put on record its word of appreciation for Mr. Vikash Kumar Jha, learned counsel for the petitioner for proper assistance in the matter. (Rajiv Roy, J) Jagdish/- U T