Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18956 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================

1. Sitaram Yadav Son of Late Bhagwat Yadav Resident of VillageBishanpur, Ward No.-5, P.S.-Jogbani, Dist.-Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jogbani P.S.Case No.17 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 and 38 of Bihar Excise Act, 2016.

Allegation against the petitioner is about recovery of 33 litrs. of nepali liquor from the possession of the petitioner and the other co-accused persons.

It is submitted on behalf of the petitioner that the other coaccused having similar allegation has been granted bail by this Court, vide order dated 24.4.2017 passed in Cr. Misc. No.15780 of 2017 and further the petitioner has no criminal antecedent. He has remained in custody for about three months.

Patna High Court Cr.Misc. No.18956 of 2017 (2) dt.02-05-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as well as the fact that the petitioner has no criminal antecedent, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria, District- Araria in connection with Jogbani P.S.Case No.17 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U