Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52258 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== LAKHAN YADAV Son of Abhimanyu Yadav R/V- Rajpur, P.SRaghunathpur, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Raghunathpur P.S. Case No. 94 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 435 litre country made mahua liquor from the motorcycle in question. Apprehended co-accused persons disclosed the name of petitioner and others who fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.52258 of 2022(2) dt.14-10-2022 2/3 petitioner is in custody since 04.08.2022 and bears criminal antecedent of three cases of similar nature. He further submits that nothing has been recovered from the conscious possession of the petitioner rather recovery was made from seized motorcycle and petitioner is not the owner of the said motorcycle. Petitioner is not apprehended on spot. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of ADJ Special Excise Court No. 2 Siwan in connection with Raghunathpur P.S. Case No. 94 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.52258 of 2022(2) dt.14-10-2022 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T