Patna High CourtCR. MISC./55965/2018bail granted

Santosh Yadav @ Sanotsh Yadav And ANR v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55965 of 2018 Arising Out of P.S.Case No. -474 Year- 2018 Thana -MOHANIYA District- BHABHUA (KAIMUR) ======================================================

1. Santosh Yadav @ Sanotsh Yadav, S/o Late Ram Awatar Yadav, R/o Vill.- Ukani, Dedhwal, P.S.- Sakaldiha, District- Chandauli (Uttar Pradesh).

2. Bal Ram Pandey @ Balram Pandey S/o Late Dashrath Pandey, R/o Vill.- Hetam, P.S.- Dhanapur, District- Chandauli (Uttar Pradesh). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and the State. The petitioners are in custody in connection with Mohania P.S.Case No.474 of 2018 registered for an offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per FIR, these petitioners were apprehended by police with a pick-up-van which was carrying 73 liters of foreign liquor. It has been submitted that the petitioners have no concern with the said recovery. Petitioners are in custody since 04.08.2018 having clean antecedent.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.55965 of 2018 (2) dt.28-09-2018 2/2 prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of I/C Special Judge, Excise, Kaimur at Bhabua in connection with Mohania P.S.Case No.474 of 2018 (Excise Case No.695 of 2018) with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves 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 reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T