Patna High CourtCR. MISC./32568/2017bail granted

Raja Yadav v. The State Of Bihar

2017-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32568 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KHAGAUL District- PATNA ======================================================

1. Raja Yadav Son of Bazari Yadav, Resident of Village-Kardaha, P.S. Naubatpur, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deo Raj Kumar Prasad For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Special Case No.2613 of 2017 arising out of Khagaul P.S. P.R. No.46 dated 11.6.2017 registered for offences punishable under Sections 30(A) and 37(B) of Bihar Excise Act. Allegation against the petitioner is of recovery of 70 ltrs. of 'Tari'.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and he has been falsely implicated in this case. The petitioner is in custody for about 1 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.32568 of 2017 (3) dt.24-07-2017 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 Special Judge (Excise), Patna in connection with Special Case No.2613 of 2017, arising out of Khagaul P.S.Case No.P.R.No.46 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, otherwise, his bail bond shall be cancelled.

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