Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80406 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- LAKHNAUR District- Madhubani ====================================================== Santosh Yadav, son of Ramprit Das, resident of village- Pure, P.S. Lakhanaur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lakhnaur P.S. Case No. 191 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act. Informant has alleged in his written complaint that on receiving secret information that Ram Prit Das has stored huge amount of illicit liquor in his straw house and on seeing them, two persons tried to flee away, however, petitioner was apprehended by the police but another accused Ram Prit Das fled away taking advantage of darkness. Petitioner in his confessional statement has admitted that the illicit liquor belongs to Bittu Sah and Abadhesh Raut and he used to keep them in his straw house

Patna High Court Cr.Misc. No.80406 of 2018(2) dt.09-01-2019 2/2 on payment of Rs. 1,000/- for storage of the same. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 06.10.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Madhubani, in connection with Lakhnaur P.S. Case No. 191 of 2018 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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