Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86478 of 2019 Arising Out of PS. Case No.-258 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Kamlesh Yadav, aged about 35 years, male, S/o Chhabila Yadav @ Chhabila Chaudhary Resident of Village- Pachalakhi, Ukhai, P.S.- Nautan, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Pachrukhi (Sarai) P.S. Case No. 258 of 2019 registered for offences under sections 272, 273 of the Indian Penal Code along with Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, the police intercepted a vehicle and seized 535.680 litres illegal liquor from the same. Though the petitioner has criminal antecedent of the similar nature of offences but, looking to the fact that he has remained in judicial custody for the last three months, 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

Patna High Court CR. MISC. No.86478 of 2019(3) dt.19-03-2020 2/2 amount each to the satisfaction of learned 2nd Additional District & Sessions Judge - cum - Special Judge, Excise, Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 258 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Pachrukhi (Sarai) police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T