Uday Yadav @ Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57022 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- BARH District- Patna ====================================================== UDAY YADAV @ UDAY RAI Son of Late Bhunna Ray Resident of VillagePachhiyari Malahi, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar prohibition and Excise Act.

Informant, who is the police officer has alleged in his FIR that he received a secret information that accused Ramjaypal Yadav, Uday Yadav (Petitioner) and Shrawan Yadav have kept illicit liquor in their newly constructed house and from the house of the accused 221.265 litres of foreign liquor was recovered and Chaukidar disclosed that said illicit liquor belongs to accused Ramjaypal Yadav, Uday Yadav (Petitioner) and Shrawan Yadav.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.57022 of 2021(2) dt.30-03-2022 2/3 that he in innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of petitioner. Petitioner is in custody since 29.07.2021.

Considering the huge quantity of illicit liquor recovered from the house of petitioner and petitioner is having criminal antecedent as disclosed in para 3 of this petition, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail of the petitioner is rejected. However, after one year of custody, petitioner may be enlarged on bail by the court below itself on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Barh P.S. Case No. 269 of 2020 subject to the conditions that:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioner shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(3) If the petitioner is found involved in similar nature of offences, after his release on

Patna High Court CR. MISC. No.57022 of 2021(2) dt.30-03-2022 3/3 bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/veenaU