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Patna High CourtCR. MISC./83328/2019bail granted

Gopal @ Vicky Yadav @ Rohan Yadav @ Gopal Yadav @ Vicky Kumar v. The State Of Bihar

2019-12-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83328 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Gopal @ Vicky Yadav @ Rohan Yadav @ Gopal Yadav @ Vicky Kumar Son of Vijay Yadav A resident of Mohalla- Morcha Road, P.S.- Chowk, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in a case registered under Section 272, 273,34 of the Indian Penal Code and Sections 37 and 30(a) of Bihar Prohibition and Excise Act, 2016 in connection with Chowk PS Case No. 169 of 2019, Special Case No. 4014 of 2019.

It is submitted that the petitioner has been implicated only on disclosure made by accused persons from whom there was recovery of 43.96 liters of illicit liquor. Petitioner's Counsel submits that due to his antecedent he has also been implicated in this case. Other than statement of co-accused persons there is nothing on record to connect the petitioner with the offence. He

Patna High Court CR. MISC. No.83328 of 2019(2) dt.16-12-2019 2/2 is in custody since 26.11.2019. It is further submitted that in some of the cases pending against him as per details in para 3 of the petitioner he is on bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in Chowk PS Case No. 169 of 2019, Special Case No. 4014 of 2019 subject to the conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T