Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49042 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -IMAMGANJ District- GAYA ======================================================

1. Uday Yadav, S/o Dipan Yadav, resident of Village- Jambua, P.S.- Pratappur, District- Chatra, Jharkhand.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Imamganj P.S.Case no.130 of 2017 registered for offences punishable under Section 272 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 70 ltrs. of country-made liquor from the motorcycle and the petitioner and other co-accused persons have been arrested at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and he has nothing to do with the seized articles. The petitioner has no criminal antecedent and he has remained in custody for about 02

Patna High Court Cr.Misc. No.49042 of 2017 (2) dt.13-10-2017 2/2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise, Gaya in connection with Imamganj P.S.case No.130 of 2017. With following conditions :

(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 co-operate 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 reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T