Niraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59137 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== NIRAJ KUMAR YADAV Son of Paras Yadav @ Parasnath Chaudhary Resident of Village - Baleshra Tola, Jahrule Hata, P.S.- Uchkagaon, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra,Adv For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Uchkagaon P.S.Case No.181 of 2021 registered for the offence under Sections 414,413 and 34 of the Indian Penal Code and Sections 30(a),48 and 52 of the Bihar Prohibition and Excise Amendment Act, 2018.

There is recovery of 90.00 litre of country made liquor.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.59137 of 2021(2) dt.08-02-2022 2/3 that the petitioner has falsely been implicated in the present case and nothing has been recovered from conscious possession of the petitioner. He further submits that the petitioner was not apprehended on the spot. He further submits that all accused persons have been granted bail by the learned court below itself and the petitioner is in custody since 11.06.2021. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one. Considering the facts and circumstances of the case, 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 learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Uchkagaon P.S.Case No.181 of 2021 with the following conditions:-

(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.59137 of 2021(2) dt.08-02-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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) Nitesh/- U T