Tinku Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82370 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

Tinku Kumar Yadav Son of Late Bodhi Yadav 2.

Bikram Yadav Son of Parmeshwar Yadav Both are residents of Village - Agdauni (Akdoni Kala), P.S.- Mufasil, District - Giridih (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in a case, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is recovery of 171 litres of foreign made liquor from the vehicle which was being driven by the petitioners.

It is submitted that petitioners are driver and cleaner and were not aware of the illicit liquor and they do not have criminal antecedent and in custody since 11.02.2019. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.82370 of 2019(2) dt.14-01-2020 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Complaint Case No. 115 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

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