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Patna High CourtCR. MISC./85049/2019bail granted

Jaijai Ram Yadav v. The State Of Bihar

2020-01-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 85049 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- RAIL P.S. DARBHANGA (JAYNAGAR) District- Madhubani ====================================================== JAIJAI RAM YADAV S/o Sahdeo Yadav Resident of Village-Khaira Tola, Madhiya Kamlabari, P.S.- Basopatti, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

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

The petitioner seeks bail in Darbhanga (Jaynagar) Rail Police Station (for brevity, PS) Case No 207 of 2019 dated 16.11.2019 corresponding to GR No 2194 of 2019 instituted for the offence punishable under Section (s) 272, 273, 414 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Since 17.11.2019, petitioner is in custody on alleged recovery of 90 liters of Nepali country made liquor. Petitioner's counsel submits that petitioner has falsely been implicated in this case and that the recovery is in violation of procedure prescribed under Section 100 of Criminal Procedure Code.

Patna High Court CR. MISC. No.85049 of 2019(2) dt.07-01-2020 2/2 Petitioner has no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise Act, Madhubani in connection with Darbhanga (Jaynagar) Rail PS Case No 207 of 2019 corresponding to GR No 2194 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) M.E.H./- U T