Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74279 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- BAUSI District- Purnia ====================================================== SURENDRA YADAV, aged about 25 years, Male, Son of Chandar Yadav @ Chandra Prasad Yadav, Resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 272, 273 of Indian Penal Code and Section 30(a), 41, 47 Excise Act. Informant is police officer who has stated in his written report that on 04.10.2019 at about 2:00 P.M. in the night during vehicle checking on seeing police, two persons started fleeing away leaving from their Indigo car. Driver of the vehicle was arrested after chase however other person managed to escape and apprehended person disclosed his name as Surendra Yadav and the person who fled away as Raju Yadav. 167.400 foreign liquor was recovered from the dickey of the said car. It has been submitted on behalf of the petitioner that he is the driver of the vehicle and is not concern with illicit

Patna High Court CR. MISC. No.74279 of 2019(2) dt.25-11-2019 2/2 foreign liquor kept in dickey. Petitioner is in custody since 04.10.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-special Judge (Excise), Purnea, in connection with Baisi P.S. Case No. 236 of 2019 giving rise to Special Excise Case No. 852 of 2019, subject to conditions:

(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 represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

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