Prem Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5633 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Prem Yadav son of Shiv Bachan Yadav Village+ Ps- Rampur Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Rampur P.S. Case No. 346 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act ,2018.
3. As per prosecution case, there was alleged recovery of 10 litre mahua liquor from the hill side and local people disclosed the name of petitioner who is said to have engaged in selling of illicit liquor at the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is in custody since 16.08.2023 and bears criminal antecedent of fourteen cases in which he is on bail in twelve cases. Petitioner has falsely been roped in the present on
Patna High Court CR. MISC. No.5633 of 2024(2) dt.07-02-2024 2/3 account of criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner. The place of recovery is an open place, which is accessible to all. He further submits that petitioner is quite innocent and has falsely been implicated in the case.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, 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 Exclusive Special Excise Court No.1, Gaya in connection with Rampur P.S. Case No. 346 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.
Patna High Court CR. MISC. No.5633 of 2024(2) dt.07-02-2024 3/3 (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