Pintu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3081 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Pintu Kumar Yadav Son Of Durgesh Choudhari(Choudhari) Resident Of Village-House No.-54, Ward No.-01, Sareya (Usra Tola )P.S.- Katiya (Kateya), District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akshay Lal Pandit For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2024 Learned counsel for the petitioner is permitted to make necessary correction in para 10 of the bail petition filed on behalf of the petitioner during the course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks bail in connection with Kateya P.S. Case No. 478 of 2023 registered for the offences punishable under section 414/34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
4. As per prosecution case, petitioner and others are said to have apprehended on the spot and during the course of search, 95.400 litre country made liquor was recovered from TVS sports motorcycle in question which was being possessed
Patna High Court CR. MISC. No.3081 of 2024(2) dt.30-01-2024 2/3 by the present petitioner. It is further alleged that petitioner does not produce the paper of the motorcycle in question.
5. Learned counsel for the petitioner submits that petitioner is in custody since 12.11.2023 and bears criminal antecedent of three cases and orally submits that he is on bail in all the cases. He further submits that petitioner apprehended on the spot on the basis of suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has nothing to do with the alleged occurrence. He further submits that petitioner is quite innocent and has falsely been implicated in the case.
6. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum Special Judge Excise-1,
Patna High Court CR. MISC. No.3081 of 2024(2) dt.30-01-2024 3/3 Gopalganj in connection with Kateya P.S. Case No. 478 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T