Gore Lal Chaudhary Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53742 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Gore Lal Chaudhary Yadav S/o Chandu Chaudhary R/o Village- Govindpur, P.S.- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Ram Anurag 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 Wazirganj P.S. Case No. 01 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018 read with Section 414 of I.P.C.

As per the prosecution case, the total recovery in this case is 280 litres desi wine is there.

Learned counsel for the petitioner submits that the said recovery was not made from the possession of the petitioner. He submits that his name has figured in this case by virtue of the disclosure made by the local chaukidar. Counsel

Patna High Court CR. MISC. No.53742 of 2022(2) dt.21-10-2022 2/3 further submits that petitioner is in custody since 19.07.2022 and there is one criminal antecedent in which he is on bail. 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 Exclusive Special Excise Court No.- 01, Gaya in connection with Wazirganj P.S. Case No. 01 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 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.53742 of 2022(2) dt.21-10-2022 3/3 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.) sadique/- U T