Santu Yadav @ Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55646 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Santu Yadav @ Santu Kumar Son of Awadh Kishor Yadav @ Morepiya, Resident of Village - Azad Bigha, Naili Road, P.s.- Magadh Medical College and Hospital, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 Magadh Medical P.S. Case No. 109 of 2021 lodged under Section 30(a)/37(2) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 330 liter of wine and 150 liter of java mahua 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. He submits

Patna High Court CR. MISC. No.55646 of 2022(2) dt.02-12-2022 2/3 that nothing was recovered from petitioner's possession nor he was apprehended from the place of occurrence. Learned counsel for the petitioner submits that one arrested person disclosed name of 8 persons and only his confessional statement, the petitioner's name has been figured in this case. He further submits that petitioner is in custody since 13.06.2022 having 3 criminal cases pending against him, in which he is on bail in all the cases. Charge-sheet has already been filed in this 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 Exclusive Special Excise, Court-1, Gaya in connection with Magadh Medical P.S. Case No. 109 of 2021, 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

Patna High Court CR. MISC. No.55646 of 2022(2) dt.02-12-2022 3/3 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 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