Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85069 of 2019 Arising Out of PS. Case No.-468 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== DHARMENDRA YADAV Son of Late Surya Kumar Yadav Resident of Village - Baluwa, P.S.- Brahampur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise GR No. 962 of 2019, arising out of Brahampur P.S. Case No. 468 of 2019 instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018.

17 liters prohibited foreign liquor are said to have been recovered from possession of other co-accused persons who were riding on a motorcycle. They have disclosed the fact that the wine was taken for the instant petitioner and another petitioner, namely Gautam Yadav. It is, in such manner, the petitioner has been implicated in the instant case. It is submitted that it is a case of false implication and that there is no recovery from the petitioner's possession to connect him with the offence. The petitioner has also been implicated in two other cases, in which, he is taking steps for

Patna High Court CR. MISC. No.85069 of 2019(2) dt.07-01-2020 2/2 securing his bail. He is in custody in the instant case since 11.11.2019.

The learned APP for the State has opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge -2nd - cum Special Judge (Excise) Buxar, in connection with Excise GR 962 of 2019, arising out of Brahampur P.S. Case No. 468 of 2019 subject to the following 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 and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T