Brij Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54311 of 2017 (2) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54311 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -SISWAN District- SIWAN ======================================================

1. Brij Kumar Yadav, S/o- Chandradev Yadav, resident of Village- Bhagar, P.S.- Siswan, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Siswan P.S. Case No. 98 of 2017, registered for offences punishable under Sections 272 and 273/308 of the Indian Penal Code and Section 30(A)/38(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 896 litres of country made wine.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent and has been in judicial custody since 28.08.2017 and other co-accused having similar allegation has already been enlarged on bail by a coordinate Bench of this Court vide orders dated 25.08.2017, passed in Cr. Misc. No. 41221 of 2017, 41081 of 2017 and 40847 of 2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54311 of 2017 (2) dt.15-11-2017 Having heard both sides, considering the facts and circumstances of the case, though recovery is huge, however considering the fact that other co-accused of this case has already been enlarged on bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II, Siwan, in connection with Siswan P.S. Case No. 98 of 2017, subject to the condition that:- (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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T