Patna High CourtCR. MISC./64968/2018bail granted

Shyam Sunder Yadav And ANR v. The State Of Bihar

2018-11-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64968 of 2018 Arising Out of PS.Case No. -155 Year- 2018 Thana -CHERIYA BARIYARPUR DistrictBEGUSARAI ======================================================

1. Shyam Sunder Yadav S/o Ramashish Yadav

2. Vijay Kumar S/o Late Punit Roy Both Resident of Village-Sakarbasa, P.S. Cheriabariarpur, Distt.-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek bail in Cheriabariarpur P.S. Case No. 155/2018 (G.R. No. 333/18), registered for the offences punishable under Sections 30(A) of the Bihar Prohibition & Excise Act.

Allegation against petitioners is recovery of 30 litres of Mahua liquour from their possession.

It has been submitted that petitioners have falsely been implicated in this case. The said liquour was recovered from the house of co-accused Jitan Sada. There is no recovery from the possession of petitioners.

Patna High Court Cr.Misc. No.64968 of 2018 (2) dt.05-11-2018 2/2 Petitioners have no criminal antecedent. They are in custody since 24.08.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-II-cum-Special Judge, Excise, Begusarai in connection with Cheriabariarpur P.S. Case No. 155/2018 (G.R. No. 333/18), subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T