Ramu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53733 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== RAMU YADAV SON OF RAM NARAYAN YADAV RESIDENT OF VILLAGE- ENAI MUBARAKPUR, PS- REVELGANJ, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.05.2023, in connection with Bhagwan Bazar P.S. Case No. 177 of 2023, F.I.R. dated 04.05.2023 registered for the offences punishable under Sections 279, 337, 338, 427 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 110 litres of Beer and 55 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 110 litres of

Patna High Court CR. MISC. No.53733 of 2023(2) dt.19-08-2023 2/3 Beer and 55 litres of country made liquor has been recovered from the vehicle and the petitioner was apprehended near the place of occurrence and petitioner is not the owner of the vehicle in question. He further submits that he has no concern at all with the alleged recovery of illicit liquor or the vehicle in question. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 05.05.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioner and having clean antecedent, 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 Additional District & Sessions Judge-II cum 1st Exclusive Special Excise Court, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 177 of 2023, subject to 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 absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.53733 of 2023(2) dt.19-08-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U