Ganesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74485 of 2019 Arising Out of PS. Case No.-614 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== GANESH KUMAR YADAV Son of Shivji Yadav Resident of Village - Kazipur Road No.01, P.S.- Kadamkuan, Dist.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Kadamkuan P.S. Case No. 614/2019 Special Case No. 8289/2019 registered under Sections 30(a), 37(b)(c) of the Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner submits that the alleged recovery is that of 14 liters approximately, the petitioner has no criminal antecedent and has remained in custody since 15.09.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner

Patna High Court CR. MISC. No.74485 of 2019(2) dt.16-01-2020 2/2 that the alleged recovery is that of 14 liters approximately, the petitioner has no criminal antecedent and has remained in custody since 15.09.2019, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Kadamkuan P.S. Case No. 614/2019 Special Case No. 8289/2019, 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 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) Rajeev/- U T