Chhote Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57286 of 2021 Arising Out of PS. Case No.-202 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== CHHOTE LAL YADAV Son of Suryanath Yadav Resident of VillageParasiya, Chandaul, P.S.- Khukhundu, District- Deoria (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Mairwa P.S. Case No. 202 of 2021 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016. There is recovery of 345.600 litres of illicit foreign liquor from the car of the petitioner.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is

Patna High Court CR. MISC. No.57286 of 2021(2) dt.31-01-2022 2/3 further submitted that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from his Hyundai Car bearing Registration No. UP53-DC-8610. Petitioner has no knowledge about the liquor in question and he is in custody since 18.07.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as 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 the learned Additional Sessions Judge-II cum Special Court (Excise Act), Siwan in connection with Mairwa P.S. Case No. 202 of 2021, subject to the following conditions:-

1. Both the bailors shall be the resident of territorial jurisdiction of the court below.

2. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.57286 of 2021(2) dt.31-01-2022 3/3

3. 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.

4. 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) shahzad/- U T