Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49945 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== UPENDRA KUMAR YADAV SON OF BABULAL RAMDHANI YADAV RESIDENT OF VILLAGE - MODAN BIGHA, PS- FATEHPUR, DISTTGAYA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2023 No one appears on behalf of the petitioner although learned counsel for the State is present.

The petitioner is in judicial custody in connection with Wazirganj P.S. Case No. 226 of 2023 registered under Sections 30 (a) of the Bihar Prohibition and Excise Amendment Act lodged on 24.04.2023 by the informant, Goutam Kumar. As per the prosecution story, an Alto Car was intercepted and from a plastic bag, total 36 liters of whiskey was/were recovered/seized.

According to the petition, the vehicle does not belong to the petitioner and he was merely a passenger in it. He is in custody since 25.04.2023 (as stated in paragraph-6 of the petition) and he do not have criminal antecedent.

Patna High Court CR. MISC. No.49945 of 2023(2) dt.16-08-2023 2/3 Considering the aforesaid facts as also the fact that the he do not have criminal antecedent, 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. 1, Gaya in connection with Wazirganj P.S. Case No. 226 of 2023, 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 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;

Patna High Court CR. MISC. No.49945 of 2023(2) dt.16-08-2023 3/3 (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. (Rajiv Roy, J) Jagdish/- U T