Laddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82594 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== LADDU YADAV S/o Devnandan Gop @ Devnandan Yadav Resident of Village- Ambedkar Nagar, Near Samudayik Bhawan, P.S.- Harnaut, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act, 2016.

300 liters Foreign liquor was recovered from the roof of a newly built house of the petitioner.

Learned counsel for the petitioner submits that the said house was in joint possession of the family and he has concerned with the said recovery. Mandatory provisions of section 100 Cr.P.C. has not been followed for search and seizure. Petitioner is in custody since 26.11.2019, though nothing incriminating has been recovered from his conscious possession.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.82594 of 2019(2) dt.12-12-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III cum Special Judge, Excise, Nalanda at Biharsharif in Harnaut Police Station Case No. 335 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) Shashi U T