Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78632 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- ALOULI District- Khagaria ====================================================== BAMBAM YADAV Son of Udho Yadav Resident of Village - Sanjhauti, P.S.- Alouli, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Alouli P.S. Case No. 275/2019 registered under Sections 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the name of this petitioner has transpired in the statement of the apprehended accused Amlesh Kumar, nothing has been recovered from the conscious possession of this petitioner. Learned counsel submits that petitioner has no criminal antecedent and he is in custody since 02.11.2019. Learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.78632 of 2019(2) dt.03-12-2019 2/3 prayer for bail.

Considering the facts and circumstances of the case where the name of this petitioner has transpired in the statement of the apprehended accused Amlesh Kumar and it is alleged that the illicit liquors were being transported by this petitioner and one Bantu @ Bhantu Yadav and the petitioner have been arrested only recently on 02.11.2019, whereas the co-accused Amlesh Kumar has been granted regular bail after completion of investigation against him and he had remained in custody for more than three months, this court directs that on completion of three months of custody of this petitioner on 01.02.2020 and upon completiion of investigation he shall be released on bail on furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria, in connection with Alouli P.S. Case No. 275/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

Patna High Court CR. MISC. No.78632 of 2019(2) dt.03-12-2019 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T