Sushil Kumar Yadav @ Sushil Kumar Singh @ Sushil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85154 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- TARARI District- Bhojpur ====================================================== SUSHIL KUMAR YADAV @ SUSHIL KUMAR SINGH @ SUSHIL YADAV Son of Birendra Yadav Resident of Village - Daliya, P.S.- Tarari, Distt - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 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 30(a) of Bihar Prohibition and Excise Act, 2016 in connection with Excise Case No. 542 of 2019 arising out of Tarari PS Case No. 38 of 2019. 77.25 Litres of Indian made foreign liquor is alleged to have been recovered from the petitioner's paltry farm. Even as per allegation recovery is not from the petitioner's possession. Having no criminal antecedent he is in custody since 19.11.2019.
Learned APP opposes the prayer for bail.
Considering the aforesaid submission, prayer for bail
Patna High Court CR. MISC. No.85154 of 2019(2) dt.16-01-2020 2/2 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 4th Additional Sessions Judge, Bhojpur at Ara in Excise Case No. 542 of 2019 arising out of Tarari PS Case No. 38 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