Ram Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8150 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- HARLAKHI District- Madhubani ====================================================== RAM NATH YADAV aged about 25 years Son of Pheku Yadav Resident of Village- Bela Tol, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar, Advocate For the Opposite Party :

Sharda Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, on secret information a raid was conducted and 540 liters of Nepali liquor was recovered from five motorcycles.

Patna High Court CR. MISC. No.8150 of 2021(2) dt.24-05-2021 2/3 Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 15.9.2020.

Considering the facts and circumstances of the case coupled with the fact that petitioner bears clean antecedent and there is no recovery from his conscious possession, 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 Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani in Harlakhi Police Station Case No. 159 of 2020 on 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 witnesses, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.8150 of 2021(2) dt.24-05-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T