Teju Yasdav @ Teju Yadav @ Teju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6491 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- DHANSOI District- Buxar ====================================================== Teju Yasdav @ Teju Yadav @ Teju Singh S/o Vishwamitra Singh R/o Barhutiya, P.S.- Dhansoi, Distt- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

15-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Dhansoi P.S. Case No. 26 of 2020, corresponding to CIS No. 215 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, one Tata Magic vehicle was intercepted and on search, 212.6 liters of foreign liquor was recovered and three persons were arrested and on disclosure made by one of the arrested persons, petitioner has been made accused in this case.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner has not been arrested on the spot and only on confessional statement of co-accused, he has been made accused. Petitioner

Patna High Court CR. MISC. No.6491 of 2021(2) dt.15-04-2021 2/2 is in custody since 20.08.2020.

Considering the fact that no incriminating article has been recovered from the possession of petitioner and name of petitioner has come only on the basis of confessional statement of co-accused, who was arrested on the spot, the bail application of petitioner is allowed. Let the above named petitioner 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 Special Judge Excise, Buxar in connection with Dhansoi P.S. Case No. 26 of 2020, corresponding to CIS No. 215 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T