Damodar Yadav @ Damodar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55320 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Damodar Yadav @ Damodar Kumar son of Late Ram Prasad Yadav VillageDumari Tapsa,Po- Fatehpur, Ps-Wazirganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 681 of 2023 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there was alleged recovery of 320 litre country made mahua liquor from Indigo car in question. Co-accused, Pappu Kumar Yadav, apprehended on the spot and he disclosed the name of petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is in custody since 05.06.2024 and bears criminal antecedent of two cases. Learned counsel further submits that

Patna High Court CR. MISC. No.55320 of 2024(2) dt.09-08-2024 2/3 petitioner is neither owner nor driver of the car in question. Nothing has been recovered from the conscious possession of the petitioner. Except disclosure of co-accused, Pappu Kumar Yadav, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is quite innocent and has falsely been implicated in the case. He further submits that co-accused, Pappu Kumar Yadav, who was apprehended on the spot has already been granted bail by this Court vide Cr. Misc. No. 1437 of 2024 and the case of present petitioner stands on better footing.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, 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, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No. V, Gaya in connection with Wazirganj P.S. Case No. 681 of 2023 , subject to following conditions:-

Patna High Court CR. MISC. No.55320 of 2024(2) dt.09-08-2024 3/3 (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 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