Nandji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69771 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== Nandji Yadav, Son of Ramji Yadav @ Ramji Ray, Resident of Village-Hardas Tola, Police Station-Chandi, District-Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Excise Case No. 1454 of 2019 arising out of Chandi P.S. Case No. 136 of 2019 registered for the offences punishable under Sections 272, 273, 120(B)/34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no illicit liquor has been recovered from the conscious possession of this petitioner. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.69771 of 2019(2) dt.13-01-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that five persons were allegedly crossing the river and they said to have fled away on seeing the police party and that the illicit liquor does not belong to the petitioner and further that the petitioner has no criminal antecedent and has remained in custody over three months, the investigation against him is complete, let the petitioner above named be released on bail in connection with Excise Case No. 1454 of 2019 arising out of Chandi P.S. Case No. 136 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned IVth Additional District and Sessions Judge-cum-Special Judge, Excise, Bhojpur, Ara, 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.69771 of 2019(2) dt.13-01-2020 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) arvind/vats U T