Prem Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66868 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- KASBA District- Purnia ====================================================== 1.

PREM KUMAR YADAV S/o Ram Prasad Yadav R/o village- Siswa Barhi, P.S.- Phulparas, Distt.- Madhubani 2.

Ravi Kumar S/o Ram Bahadur Chaudhary R/o village- Chaudhary Tola, P.S.- Mufassil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 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 petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Kasba P.S.Case No. 248 of 2021 registered for the offence under Sections 272,273 and 34 of the Indian Penal Code and Sections 30(a), 38(1),41(1) of the Bihar Prohibition and Excise Act. Recovery is of total 1295.25 liters of foreign liquor. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in the present

Patna High Court CR. MISC. No.66868 of 2021(2) dt.08-03-2022 2/3 case only on the basis of suspicion. He further submits that nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from the Truck and Scorpio in question. He furhter submits that the police, after investigaiton, submitted chargesheet against the petitioners and the petitioners are in custody since 22.10.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that petitioners carries more two cases other than the present one.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnea in connection with Kasba P.S.Case No. 248 of 2021 with the following conditions:-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.66868 of 2021(2) dt.08-03-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T