Chhathu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48103 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== CHHATHU YADAV Son of Late Anup Yadav Resident of village - Bhagwatipur, P.S.- Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Ranjan For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 109 of 2022 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 234 litres Mc. Doweels liquor from the car in question. The petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 09.06.2022. Petitioner bears no

Patna High Court CR. MISC. No.48103 of 2022(2) dt.16-09-2022 2/3 criminal antecedent. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the said car.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II-cumSpecial Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 109 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for

Patna High Court CR. MISC. No.48103 of 2022(2) dt.16-09-2022 3/3 cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T