Patna High CourtCR. MISC./62510/2017bail granted

Pintu Yadav v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62510 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Pintu Yadav, Son of late Ramdeo Yadav, Resident of Village- Maniava, P.S. Mufassil, P.O. Gaya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gaya Mufassil P.S. Case No. 87 of 2016 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

It is mentioned in the seizure list that recovery of Mahua liquor from the side of village Soga Bhui Toli near Paimar river.

In the written report it is alleged that name of the petitioner was disclosed by the villagers. As such, there is no recovery of any liquor from conscious possession of this petitioner.

It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.62510 of 2017 (2) dt.22-12-2017 2/2 petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gaya Mufassil P.S. Case No. 87 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.