Patna High CourtCR. MISC./85155/2019bail granted

Mithun Kumar Yadav v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85155 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== MITHUN KUMAR YADAV S/o Ashok Yadav R/o village- Belutikar, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Ramesh 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 Complaint Case No. 136 of 2019.

Recovery of 80 litres is from a Santro Car and petitioner along with others were arrested. He has no criminal antecedent as per submission of petitioner's counsel. Submission of the learned Counsel for the petitioner is that he is not the owner of the vehicle. He was only a passenger. He is in custody for one month. He is ready to abide by any condition imposed on him.

Patna High Court CR. MISC. No.85155 of 2019(2) dt.16-01-2020 2/2 Heard learned APP also.

Considering the aforesaid submissions, 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 2nd Additional Sessions Judge, Banka, in Excise Complaint Case No. 136 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