Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60567 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -GOVINDPUR District- NAWADA ======================================================

1. Subodh Yadav S/o Sri Saryug Yadav, R/o Vill.- Sitapur, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Govindpur P.S.Case nO.142 of 2018 dated 25.7.2018 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that the police intercepted the motorcycle of the petitioner and he was arrested and there is recovery of 312 ltrs. of liquor from a car. Submission of the learned counsel for the petitioner is that the FIR itself shows that he was on the motorcycle and nothing has been recovered from his motorcycle. He is in custody since 26.7.2018. The car does not belong to the petitioner. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60567 of 2018 (3) dt.06-10-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-II-cumSpecial Judge, Nawada in connection with Govindpur P.S.Case nO.142 of 2018 dated 25.7.2018.

With following conditions :

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U