Sajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68743 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

SAJAN YADAV Son of Umesh Yadav Resident of Village - Dongila, Tola - Bhoktadih, P.S.- Bankey Bazar, Distt - Gaya.

2.

Devnandan Yadav @ Devandan Yadav Son of Sahdeo Yadav Resident of Village - Raksi, P.S.- Bankey Bazar, Distt - Gaya. 3.

Mahendra Paswan Son of Shyamdeo Paswan Resident of Village - Dongila, P.S.- Bankey Bazar, Distt - Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore(APP-100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are the present case is seeking regular bail in connection with Raushanganj (Bankey Bazar) P.S. Case No. 174 of 2019 registered under Sections 414/34 of the Indian Penal Code and Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioners were not the owner of the alleged recovered Mahua Flower which was carrying on a motorcycle and they are in custody since 01.09.2019 having no criminal

Patna High Court CR. MISC. No.68743 of 2019(2) dt.04-12-2019 2/3 antecedent.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case in which the allegation against the petitioner is that he was carrying Mahua Flower on his motorcycle and he has remained in custody since 01.09.2019 having no criminal antecedent, let the above-named petitioners be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Raushanganj (Bankey Bazar) P.S. Case No. 174 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.68743 of 2019(2) dt.04-12-2019 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T