Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65647 of 2021 Arising Out of PS. Case No.-377 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== RAVINDRA YADAV Son of Ramashish Yadav Resident of Village- Dhatta Tole, Ward No.04, Police Station- Ladania, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 377 of 2021, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 46.500 liters of illicit foreign liquor made from dickey of a bus.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case only on the basis of

Patna High Court CR. MISC. No.65647 of 2021(2) dt.07-03-2022 2/3 suspicion. In fact, nothing has been recovered from the conscious possession of the petitioner. The police after investigation submitted charge-sheet against the petitioner. The petitioner is rotting in judicial custody since 06.09.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let, the above named, petitioner 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 learned Additional District and Sessions Judge -II-cum- Special Judge Excise Act, Gopalganj, in connection with Kuchaikote P.S. Case No. 377 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall

Patna High Court CR. MISC. No.65647 of 2021(2) dt.07-03-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T