Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78362 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- GOPALPUR District- Gopalganj ====================================================== Devendra Yadav Son of Bigu Choudhary, Resident of Village- Roop Paiya, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gopalpur P.S. Case No.186/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 43.2 litres foreign liquor from a bag which was tied on the motorcycle of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 17.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions

Patna High Court Cr.Misc. No.78362 of 2018(2) dt.24-01-2019 2/2 Judge-cum-Special Judge (Excise), Gopalganj in connection with Gopalpur P.S. Case No.186/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T