Yogendra Yadav @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49654 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- TEKARI District- Gaya ====================================================== Yogendra Yadav @ Yogendra Kumar, Son of Dev Balak Yadav Resident of Village - Malsari, P.O.- Laxmpur, P.s.- Tekari, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Tekari P.S. Case No. 230 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, police received secret information about the petitioner unloading illicit liquor in large quantity from a white colour Indigo car. A raid was conducted but the petitioner fled away from the spot. On search of the parked vehicle Indigo car, 88.125 liters of India made foreign liquor was recovered.

Patna High Court CR. MISC. No.49654 of 2022(4) dt.21-11-2022 2/3 Learned counsel for the petitioner submits that petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person of possession. The petitioner has no concern with the Indigo car from which the recovery has been made, even the car was parked near a children park. Charge sheet has been submitted in this case and the petitioner is in custody since 03.06.2022. The petitioner has got no criminal history.

Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Spedcial Excise Court No. 2, Gaya in connection with Tekari P.S. Case No. 230 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.49654 of 2022(4) dt.21-11-2022 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T