Rajesh Yadav @ Yogesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33231 of 2017 Arising Out of PS. Case No.-50 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Rajesh Yadav @ Yogesh Yadav, Son of Late Rameshwar Yadav, R/o Village + P.s. Shahpur, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the State :
Mr. Sri Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Sections 30 (d) & 56(d) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b), 26 and 35 Arms Act.
It is contended that, as per allegation, 16.200 liters of foreign wine were recovered from the vehicle which was being boarded by three persons including the petitioner. It is further contended that petitioner has no connection with the liquor and Desi Katta was recovered from co-accused Binod Yadav. It is claimed that there is no recovery from the petitioner. Petitioner claims that he is having clean antecedent and is in custody since 23.3.2017.
Patna High Court Cr.Misc. No.33231 of 2017() dt.20-07-2017 2/2 Considering the facts and circumstances of the case, the petitioner, above-named, is directed to 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 Chief Judicial Magistrate, Bhojpur in connection with Excise Case No. 55/17 (Shahpur P.S. Case No. 50/17). If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.
However, before accepting the bail bonds, the court below would make verification regarding criminal antecedent of the petitioner and if he is found to be involved in any criminal case prior to filing of affidavit in this application, i.e., 6.7.2017, then he would not be released. ( Dr. Ravi Ranjan, J) prasad_s/- U T