Sujeet Yadav @ Sujeet Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.25968 of 2017 (2) dt.15-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25968 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -RAHIKA District- MADHUBANI ====================================================== Sujeet Yadav @ Sujeet Kumar Yadav Son of Ram Chandra Yadav resident of Village - Simari Tola Dubiyahi, P.S. - Bisfi, District - Madhubani. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

15-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is seeking regular bail in connection with Rahika P.S. Case No. 43 of 2017 registered for the offence punishable under Sections 272, 273, 290 and 34 of the Indian Penal Code and 30(i), 31(C) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that only allegation against the petitioner is that he had consumed liquor, there is no recovery of liquor from his possession or from the motorcycle which belonged to this petitioner. The petitioner though named in the F.I.R. but the petitioner has no connection with the seized liquor which is apparent from the First Information Report itself. The petitioner is in custody since 10.04.2017. The petitioner has

Patna High Court Cr.Misc. No.25968 of 2017 (2) dt.15-06-2017 got one more case as stated in paragraph 3 wherein he has been granted bail, save and except that there is no criminal history of the petitioner.

Learned Additional Public Prosecutor opposes the prayer for bail of the petitioner.

Considering the nature of allegation that petitioner is in custody for more than two months, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Madhubani, in connection with Rahika P.S. Case No. 43 of 2017, subject to condition, inter alia, that he shall not commit any offence similar to the offences of which he is an accused in the present case, one of the bailors of the petitioner would a family members having no criminal antecedent and petitioner shall cooperate in trial by putting regular appearance in the trial court, two regular default in appearance in the trial court will invite cancellation of bail bond of the petitioner.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T