Patna High CourtCR. MISC./72633/2022bail granted

Bablu Yadav @ Bijay Yadav @ Vinay Yadav v. The State Of Bihar

2023-01-20Mr. Justice Jitendra Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61611 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- PIPRA District- Supaul ====================================================== RANJEET YADAV S/o Sukhdev Yadav @ Jagdish Yadav @ Jagdish Mandal R/o Village- Sukhasan, P.S.- Kishanpur, Distt- Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72633 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- PIPRA District- Supaul ====================================================== BABLU YADAV @ BIJAY YADAV @ VINAY YADAV Son of Jagdish Yadav @ Sukhdev Yadav Resident of Village- Sukhasan, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61611 of 2022) For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Damodar Prasad Tiwary (In CRIMINAL MISCELLANEOUS No. 72633 of 2022) For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Nand Kumar

2/5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-01-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.

The petitioners seek bail in connection with Pipara P.S. Case No. 330 of 2021, registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code and 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation total 3051 liters of foreign-made liquor has been recovered from a Truck bearing Registration no. DL-1M-6476.

Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioners. He further submits that the petitioners have been languishing in jail since 28.08.2021 and 20.07.2022, respectively.

It has also been stated in paragraph no. 3 of the

3/5 bail petition that the petitioner, namely, Ranjeet Yadav have earlier been made accused in two other cases and the petitioner, namely, Babalu Yadav @ Bijay Yadav @ Vinay Yadav has been made accused in five other case, in three cases he is on bail.

It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Additional District and Sessions Judge-IV-cum-Special Judge, Excise Court No.1, Supaul, in connection with Pipara P.S. Case No. 330 of 2021, on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when

4/5 required.

(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

5/5 Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ramesh/- U T