COURT OF JUDICATURE AT PATNA CRIMINAL…
released on bail after framing of charge upon furnishing bond of Rs. 10,000/- with two sureties
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2833 of 2022
Arising Out of PS. Case No.-150 Year-2021 Thana- NAUTAN District- West Champaran
======================================================
DHURENDRA YADAV Son of Asesher Yadav Resident of Village- Madauha, P.s.- Nautan, District- West Champaran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Digvijay Kumar Ojha For the Opposite Party/s : Mr.Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 08-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Nautan P.S. Case No. 150 of 2021 registered for the offences punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, total 87.480 litre liquor was recovered from motorcycle as well as car in question. The name of the petitioner has been disclosed by the co-accused Mukesh Yadav that he supplied the liquor in question.
Learned counsel for the petitioner submits that petitioner is in custody since 19.06.2021. Petitioner bears
Patna High Court CR. MISC. No.2833 of 2022(3) dt.08-07-2022 2/3
criminal antecedent five cases in which he is on bail in four cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner has dragged in all cases on the basis of confessional statement of coaccused in mechanical manner. The petitioner is not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Nautan P.S. Case No. 150 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
Patna High Court CR. MISC. No.2833 of 2022(3) dt.08-07-2022 3/3
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J)
amitkr/-
U
1 issue framed by the court
Whether the petitioner should be released on bail in connection with offences under the Bihar Prohibition and Excise Act, 2016.
Dhirendra Yadav
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
