Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76126 of 2019 Arising Out of PS. Case No.-293 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== 1.

PRAMOD YADAV Son of Jiwach Yadav Resident of Village- Bharha, P.S.- Phulparas, District- Madhubani.

2.

Krishna Kumar @ Krishna Kumar Yadav Son of Vijay Yadav Resident of Village- Bharha, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Laukaha (Lalmania O.P.) P.S. Case No. 293 of 2019 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2018.

Allegation is recovery of 62.700 litres of country made liquor from the motorcycle of petitioners. It has been submitted on behalf of petitioners that petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.76126 of 2019(2) dt.26-11-2019 2/2 of petitioners. Petitioners have no criminal antecedent and are in custody since 02.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Laukaha (Lalmania O.P.) P.S. Case No. 293 of 2019 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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