Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75565 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== ANIL YADAV S/O LATE RAMU YADAV RESIDENT OF VILLAGELAHSORBA, P.S.- PIRI BAZAR, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-11-2023 Learned Counsel for the petitioner is permitted to make necessary correction in paragraph 4 of the bail petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 117/2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, it is alleged that the petitioner was apprehended on the spot along with one bag containing 10 litres country made Mahua Wine. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.75565 of 2023(2) dt.28-11-2023 2/3 in the FIR and he has falsely been implicated in this case. It is further submitted that he is in custody since 16.08.2023. Petitioner bears criminal antecedent of three cases in which he in on bail. It is further submitted that petitioner has no concern with the alleged liquor. He has been made accused on account of previous criminal antecedent. It is further submitted that Seizure list has not been made as per law. No incriminating article has been recovered from conscious possession of the petitioner.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IVth-cum-Exclusive Special Judge, Excise Act, I, Lakhisarai in connection with Piri Bazar P.S. Case No. 117/2023, subject to the following conditions:-

Patna High Court CR. MISC. No.75565 of 2023(2) dt.28-11-2023 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T