Uma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58079 of 2022 Arising Out of PS. Case No.-642 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Uma Yadav S/o Late Dashrath Yadav R/V- Kant, P.S.- Brahmpur, DisttBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks (if any). In the present case, the petitioner seeks bail in connection with Brahmpur P.S. Case No. 642 of 2022 under Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, petitioner was apprehended with a bag containing 20 litres of country made liquor. The learned counsel for the petitioner submits that petitioner is innocent as he was not apprehended with the illicit liquor. In fact nothing incriminating has been recovered from his conscious possession. The recovery shown in this case has been made from the road and petitioner has been falsely implicated in

Patna High Court CR. MISC. No.58079 of 2022(2) dt.25-11-2022 2/3 this case. There is no independent witness to the seizure list. The petitioner is in custody since 01.09.2022 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and four cases are pending against him.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from him and further considering the period of custody of the petitioner along with the submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge Court No.2 at Buxar in connection with Brahmpur P.S. Case No. 642 of 2022, subject to the condition mentioned in Section 437(3) of the Cr.P.C. and other the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates

Patna High Court CR. MISC. No.58079 of 2022(2) dt.25-11-2022 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T