Gorakh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53006 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Gorakh Yadav Son Of Harinarayan Gope @ Harinarayan Yadav R/ORanipur, Rasulpur, P.S.- Mehandiganj, District- Patna ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mehandiganj P.S. Case No. 25 of 2022 lodged under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution case, total recovery of 14 liters of mahua desi wine alleged to be made from the petitioner. Learned counsel for the petitioner submits that petitioner has not been apprehended from the place of occurrence and his name has been figured by virtue of confessional statement of independent witnesses of the seizure list.

Patna High Court CR. MISC. No.53006 of 2022(2) dt.21-10-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 01.08.2022 having 6 criminal cases pending against him and in which he is on bail in all 5 cases and pursuing for bail in one case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court- Exclusive Spl. Judge- Excise, Patna City in connection with Mehandiganj P.S. Case No. 25 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.53006 of 2022(2) dt.21-10-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T