Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7270 of 2021 Arising Out of PS. Case No.-187 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== Nandlal Yadav aged about 22,Y /(M) son of Sri Ramchhabila Yadav, Resident of village- Maghi Kothilwa, P S-Jataha, District- West Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opp Party ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma,Advocate For the State :

M. Binod Kumar 2APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 2.

24-06-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner seeks bail in Dhanha PS Case No. 187 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

5. Total 148.680 litres of illicit foreign liquor has allegedly been recovered from a vehicle being driven by the petitioner.

6. The learned counsel for the petitioner submits that alleged vehicle does not belong to the petitioner. He was near

Patna High Court CR. MISC. No.7270 of 2021(2) dt.24-06-2021 2/2 the vehicle because he was crossing the road and has become victim of the circumstance. The petitioner is in custody since 04.08.2020, having no criminal antecedents.

7. The learned APP representing the State has opposed the prayer for bail.

8. Considering the rival submissions, 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 the learned Special Judge, Excise Act, West Champaran at Bettiah, in connection with Dhanaha PS Case No. 187 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T