Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74183 of 2018 Arising Out of PS. Case No.-205 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Ramesh Yadav son of Makudhan Yadav @ Makurdhan Yadav, resident of Harsa Toli, Police Station- Daraundha, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. C-III-205 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of total 25.020 liters of foreign liquor from the dickey of motorcycle. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 16.09.2018.

Patna High Court Cr.Misc. No.74183 of 2018(2) dt.14-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Siwan, in connection with Excise Case No. C-III-205 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T