Sandeep Yadav @ Sandeep Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74109 of 2024 Arising Out of PS. Case No.-418 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Sandeep Yadav @ Sandeep Kumar Yadav Son of Harinath Yadav R/O Vil.- Mahuar English, P.S.- Sahpur (Karnamepur), Dist.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-10-2024 Heard Mr. Akash Kumar Mishra, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Brahampur P.S. Case No. 418 of 2024 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 19.08.2024 by the informant, Firoz Alam.
3. As per the prosecution story, the informant alleged that during routine search, the motorcycle was intercepted and 51.600 liter foreign liquor recovered/seized and the accused arrested which followed the FIR.
4. Learned counsel for the petitioner submits that he do not have any role to play in the matter, only because of criminal antecedent, he has been arrested and the motorcycle does not belong to him.
Patna High Court CR. MISC. No.74109 of 2024(2) dt.22-10-2024 2/3
5. Learned APP opposes the prayer for bail submitting that he has been arrested along with the liquor.
6. Taking into account the aforesaid submissions as also the custody period (20.07.2024), the petitioner does not own the motorcycle, FIR lodged, he will be facing the trial, this Court is inclined to extend him the privilege of bail with conditions.
7.Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned E. Excise Special Judge Court No. 2, Buxar in connection with Brahampur P.S. Case No. 418 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his
Patna High Court CR. MISC. No.74109 of 2024(2) dt.22-10-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T