Indal Yadav @ Indal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54263 of 2022 Arising Out of PS. Case No.-478 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Indal Yadav @ Indal Ray Son of Bhuteli Ray @ Birendar Ray @ Bhuteni Ray, Resident of village - Paiga, P.S.- Barahara, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 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 Barhara P.S. Case No. 478 of 2022, lodged under Sections 30(a) and 37 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, total recovery of 400 liter Mahua wine has been made, which is subject matter of the present case.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel further submits that the alleged recovery was made on a motorcycle, which does not belong to the petitioner. Learned
Patna High Court CR. MISC. No.54263 of 2022(2) dt.25-11-2022 2/3 counsel further submits that in deep rooted conspiracy, petitioner has been shown arrested from the motorcycle. Learned counsel also submits that there are two criminal cases pending against the petitioner but he is on bail in both the cases. He further submits that charge-sheet has already been filed in the present case and petitioner is in custody since 04.07.2022. Learned A.P.P. 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. 1st, District Bhojur at Ara in connection with Barhara P.S. Case No. 478 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, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the
Patna High Court CR. MISC. No.54263 of 2022(2) dt.25-11-2022 3/3 petitioner.
C. The petitioner shall file an affidavit at the time of furnishing 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.) ravishankar/- U T