Sanjay Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40005 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -FULKAHA District- ARRARIA ======================================================

1. Sanjay Yadav S/o Late Talchan Yadav @ Balchand Yadav resident of Village- Manikpur Ward No. 11, P.S. Fulkaha, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through S.S.B. Bathnaha, Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with Special Case No.2051 of 2017 arising out of Fulkaha P.S.Case No.60 of 2017 registered for offences punishable under Sections 272 and 273 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 96.3 ltrs. of nepali liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for about two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40005 of 2017 (2) dt.23-08-2017 2/2 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 2nd Addl. Sessions -cum-Special Judge, Araria in connection with Special Case No.2051 of 2017 arising out of Fulkaha P.S.Case No.60 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. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T