Dashrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63881 of 2018 Arising Out of PS.Case No. -259 Year- 2018 Thana -KATEYA District- GOPALGANJ ======================================================

1. Dashrath Yadav, Son of Banwari Yadav @ Banwari Choudhari, Resident of Village- Narhawa Shukla, P.S.- Gopalpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer,Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Kateya P.S.Case No. 259 of 2018, registered for offences punishable under Sections 30 (a)/38 (1) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per F.I.R. is that the petitioner along with other accused persons is of recovery of 49 liters illegal wine from the motorcycle of the petitioner and accordingly, seizure list has been prepared.

Submission of the learned counsel for the petitioner is that the nothing has been recovered from his conscious possession of the petitioner and the petitioner has no criminal

Patna High Court Cr.Misc. No.63881 of 2018 (2) dt.25-10-2018 2/2 antecedent and he is in custody since 22.08.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions JudgeCum- Special Judge, Excise, Gopalganj in connection with Kateya P.S.Case No. 259 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T