Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69712 of 2019 Arising Out of PS. Case No.-287 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ram Babu Yadav, Son of late Shivji Yadav, Resident of Village - Masarh, P.S.- Udawant Nagar (Gajrajganj), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 30 (A) of the Bihar Prohibition and Excise Act, 2018.

It is alleged that 200 litres of spirit has been recovered from the wheat mill of the petitioner.

Learned counsel for the petitioner submits that there is no case of excise Act has been made out. So far as the petitioner is concerned there is no compliance of Section 100 Cr.P.C. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail.

In the aforesaid facts and circumstances of the case,

Patna High Court CR. MISC. No.69712 of 2019(2) dt.20-11-2019 2/2 let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 4th Additional District & Sessions Judge-cum- Special Judge, Excise, Bhojpur at Ara, in Udwant Nagar (Gajrajganj) Police Station Case No.287 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) khushbu/- U T