Tapeshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57645 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- GURARU District- Gaya ====================================================== Tapeshar Yadav, S/o Butu Yadav, Resident of Village- Jabra, P.S.- Hunterganj, District- Chatra (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kiran Sinha, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Section 30 (a) of Bihar Excise Amendment Act.

It is contended that, as per allegation, 308 liters of Mahua liquor was recovered from a vehicle and the petitioner is said to be the driver of the said vehicle. It is contended that nothing has been recovered from the conscious possession of the petitioner and he has no concerned either with the said vehicle or with the alleged recovered liquor and he has been apprehended only on the basis of suspicion. It is also contended that the similarly situated co-accused have already been granted bail by a coordinate Bench of this Court vide Annexure-2 and 2/1. It is urged that the petitioner is in custody since 13.07.2018. It is

Patna High Court Cr.Misc. No.57645 of 2018(2) dt.06-10-2018 2/2 claimed that his antecedent is clean.

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 Special Judge, Excise, Gaya in connection with Guraru P.S. Case No. 138/18 with a condition that 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.

Further with a condition that one of the bailors must be belonging to the State of Bihar.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T