Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67423 of 2018 Arising Out of PS. Case No.-275 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== SUNIL KUMAR YADAV, Son of Ram Nath Yadav, Resident of VillageRamjanipur, P.S. Kahalgaon, District-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh For the Opposite Party/s :
Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.
The petitioner seeks regular bail in connection with Sabour P.S.Case No.275 of 2018 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code.
Allegation against the petitioner is about recovery of 29 ltrs. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent, nothing has been recovered from his conscious possession and he is in custody for more than two months.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.67423 of 2018(2) dt.28-11-2018 2/2 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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Addl. Sessions Judge -cum-Special Judge, Excise, Bhagalpur in connection with Sabour P.S.Case No.275 of 2018..
With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T