Dukharan Yadav @ Dukhharan Yadav @ Dukhran Yadav @ Dukharam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51661 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== Dukharan Yadav @ Dukhharan Yadav @ Dukhran Yadav @ Dukharam Yadav S/o Late Ganga Yadav R/o village- Singhrahi, P.S.- Laukhi, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Laukahi P.S. Case No. 82 of 2019 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41 (1) of the Bihar Prohibition and Excise Act, 2016 .

It is submitted by the petitioner's counsel that merely on the basis of his name being taken by the two co-accused persons, who were arrested with vehicle carrying Nepali liquor, he has been been made accused in the instant case. He has no concern with the vehicle or illegal liquor seized thereon. The petitioner has no criminal antecedents and he is in custody in connection with this case since 25.07.2019. The other two co-accused persons on whose statement, he has been

Patna High Court CR. MISC. No.51661 of 2019(3) dt.30-09-2019 2/2 implicated have been allowed the privilege of bail by Coordinate Bench of this Court vide order dated 04.07.2019 passed in Cr. Misc. No. 41356 of 2019 Having considered the rival submissions of the parties, prayer for bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional District & Sessions Judge-cum- Special Judge (Excise Act) Madhubani, in connection with Laukhi P.S. Case No. 82 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T