Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80012 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== BIHARI YADAV son of Late Nathuni Yadav Resident of Village - Khangam, P.S.- Chandi, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 120(B)/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

Informant who is a police officer has alleged in his self-statement that on 22.07.2019 after receiving confidential information that six persons are carrying gallon on their head with illicit liquor and crossing Sone river, he went to the place of occurrence and Nandji Yadav was apprehended and remaining culprits including the petitioner managed to escape. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case on the statement made by co-accused. Petitioner was neither

Patna High Court CR. MISC. No.80012 of 2019(4) dt.14-01-2020 2/3 apprehended on the spot nor any illicit liquor recovered from his possession. Petitioner has no criminal antecedent and he is in custody since 20.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.1454/19 arising out of Chandi P.S. Case No.136/19, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioner tampers 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on

Patna High Court CR. MISC. No.80012 of 2019(4) dt.14-01-2020 3/3 bail the trial court shall take steps to cancel his bail bond.

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