Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73168 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- BISFI District- Madhubani ====================================================== Surendra Yadav S/o Ram Vilas Yadav, R/o Village- Chhachha Rampur, Ward No. 10, P.O.- Chhachha, P.S.- Raiyam, Distt.- Darbhanga. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate Mr.Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 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 Bisfi P.S. Case No. 31 of 2019 registered for the offences punishable under Sections 272/273 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 has falsely been implicated in the present case only on mere suspicion. The petitioner has no manner of concern with the seized illicit liquor. Learned counsel further submits that petitioner has no criminal antecedent, no recovery of illicit liquor has been made from his possession and that he is in

Patna High Court CR. MISC. No.73168 of 2019(2) dt.25-11-2019 2/3 custody since 04.10.2019 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein the submission of the petitioner is that he has no criminal antecedent, no recovery of illicit liquor has been made from his possession and that he is in custody since 04.10.2019, let the petitioner above named be released on bail in connection with Bisfi P.S. Case No. 31 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 II Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani, 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

Patna High Court CR. MISC. No.73168 of 2019(2) dt.25-11-2019 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T