Yanshvant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76945 of 2024 Arising Out of PS. Case No.-2097 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Yanshvant Singh Son of Late Upendra Singh Resident of Pakri, P.S. - Bihiya, District - Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :
Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-10-2024 Heard Mr. Ram Jiban Pd. Singh, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Patna Excise P. S. Case No. 2097/2024 for the offences punishable under sections 30(a) & 56(b) of the Bihar Prohibition and Excise Act lodged on 04.09.2024 by the informant, Ajeet Kumar.
3. As per the prosecution story, the informant alleged that on secret information the Hyundai car loaded with wine was intercepted and recovered/seized 129.600 liters of foreign liquor from it. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is driver and not owner of the vehicle, has no criminal antecedent and is in custody since 05.09.2024 (para-5 of the petition).
Patna High Court CR. MISC. No.76945 of 2024(2) dt.30-10-2024 2/3
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by the parties as also the fact that he does not own the car, is in custody since 05.09.2024 and has no criminal antecedent, 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) with two sureties of like amount each to the satisfaction of learned Special Judge Excise, 3rd, Patna, in connection with Patna Excise P. S. Case No. 2097/2024 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 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 next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.76945 of 2024(2) dt.30-10-2024 3/3 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) Ravi/- U T