Vijay Yadav @ Vijay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32518 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================
1. Vijay Yadav @ Vijay Kumar Yadav son of Rajendra Singh resident of village - Salempur, P.S. - Bikramganj, District - Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 The petitioner seeks regular bail in connection with Bikramganj P.S. Case No. 82 of 2017, registered for offences punishable under Sections 272, 273 of Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 1605 pouches each containing 200 ML of country wine.
It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner only happens to be a tempo driver. Further petitioner has no criminal antecedent and has been in judicial custody since 29.03.2017 and is ready to abide by any condition imposed on him for grant of bail.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.32518 of 2017 (2) dt.25-07-2017 2/3 Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered and also that petitioner has no criminal antecedent and has remained in custody for one and half months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 82 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
Patna High Court Cr.Misc. No.32518 of 2017 (2) dt.25-07-2017 3/3 It is also made clear if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U T