Bikku Kumar @ Lucky Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66751 of 2023 Arising Out of PS. Case No.-504 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Bikku Kumar @ Lucky Yadav S/o Umesh Yadav R/o Village-Monia, P.S.- Pratappur, District-Chatra (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rampur P.S. Case No. 504 of 2023, lodged on 06.08.2023, under Section 30 of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, total recovery of 500 ml Beer cane has been made from the third floor of the house of Ramashish Yadav, which was in possession of one Gaurav Kumar.
4. Learned counsel for the petitioner submits that from the seizure list it transpires that the said recovery has been made near the house of Gaurav Kumar. Counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. He submits that the petitioner has
Patna High Court CR. MISC. No.66751 of 2023(2) dt.16-10-2023 2/3 apprehended when he was present at the house of Gaurav Kumar. Counsel submits that antecedent of the petitioner is clean. He is in custody since 06.08.2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I, Gaya, in connection with Rampur P.S. Case No.504/2023, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.66751 of 2023(2) dt.16-10-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T