Jai Prakash Yadav @ Bhim Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14410 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -BUXAR District- BUXAR ====================================================== Jai Prakash Yadav @ Bhim Yadav, son of Ramdarash Yadav, resident of Village - Polia Khas (Barka Khet), P.S. - Narhi, District - Balia (U.P.) .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Buxar (Town) P.S.Case No.01 of 2017 registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and 30(A) of Bihar Excise Act, 2016.
Allegation as per FIR is that 252 litres of foreign liquor has been recovered from the vehicle of which petitioner was driver and other two persons were fled away.
It has been submitted on behalf of the petitioner that petitioner being a driver has falsely been implicated in this case and he has nothing to do with alleged recovery of liquor and he is in custody for more than three months having no criminal antecedent.
Heard learned APP also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.14410 of 2017 (3) dt.13-04-2017 2/2 circumstances, as stated above, let the petitioner, above named, be released 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 the Chief Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S.Case No. 01 of 2017, G.R. No. 9 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate 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, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U