Ramjee @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42804 of 2017 Arising Out of PS.Case No. -238 Year- 2017 Thana -FATEHPUR District- GAYA ====================================================== Ramjee @ Yogendra Kumar, Son of Chamari Yadav, Resident of VillageKathautiya Kebal Gurupa, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.07.2017 in connection with Fatehpur P.S. Case No. 238 of 2017 registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during patrolling, they apprehended three persons including the petitioner and from the motorcycle 50 litres of illicit mahua wine was recovered in a bag. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.42804 of 2017 (2) dt.06-09-2017 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Fatehpur P.S. Case No. 238 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T