Kundan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3339 of 2020 Arising Out of PS. Case No.-196 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Kundan Kumar Yadav Son of Ashok Yadav Resident of Village - Mahuli, P.S.- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard counsel for the parties.

The petitioner seeks bail in Khodawandpur (Chaurahi) P.S. Case No. 196 of 2019, registered for the offences punishable under Sections 272, 273, 414 and 120(B) of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

238.875 litres of liquor is alleged to have been recovered from the pickup van of petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. There is no allegation of tampering with the evidence against this petitioner. Chargesheet has already been submitted. Co-accused Suresh Yadav has already been granted bail by a coordinate Bench of this court

Patna High Court CR. MISC. No.3339 of 2020(4) dt.05-03-2020 2/2 vide order dated 15.11.2019 passed in Cr. Misc. No. 72390 of 2019. Petitioner is in custody since 14.09.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge Excise, Begusarai in connection with Khodawandpur (Chaurahi) P.S. Case No. 196 of 2019, subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T