Allowed

Yogi Yadav @ Yogendar Yadav v. the State of Bihar

Patna HC4 Jan 2023CR. MISC./62053/2022

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a prosecution for offences under the Bihar Prohibition and Excise Amendment Act, 2016. The court considered clean antecedents, lack of apprehension, and submission of charge sheet, directing release with a bond and two sureties subject to standard conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Yogi Yadav @ Yogendar Yadav Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62053 of 2022

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Arising Out of PS. Case No.-295 Year-2020 Thana- BELAGANJ District- Gaya

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======================================================

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YOGI YADAV @ YOGENDAR YADAV S/O LATE AWADH KISHORE YADAV @ RATAN YADAV @ RAJAN YADAV Resident of village- Dalli Bigha, P.S.- Belaganj, District- Gaya.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Satya Nand Shukla

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 04-01-2023

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Belaganj P.S. Case No. 295 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

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As per prosecution case, there is alleged recovery of 22 litre Mahua liquor from the house of present petitioner, 12 litre Mahua liquor from the house of Bam Yadav and 10 litre Mahua liquor from the house of Baliram Yadav. Petitioner and others were succeeded in fleeing away from the spot.

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Learned counsel for the petitioner submits that petitioner is in custody since 27.08.2022 and bears no criminal

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Patna High Court CR. MISC. No.62053 of 2022(2) dt.04-01-2023 2/3

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antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Petitioner is quite innocent and has falsely been implicated in the present case. He further submits that nothing was recovered from the physical possession of the petitioner. He also submits that petitioner is not apprehended on the spot.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner as well as he is not apprehended on the spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 02, Gaya in connection with Belaganj P.S. Case No. 295 of 2020, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.62053 of 2022(2) dt.04-01-2023 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(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.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Yogi Yadav @ Yogendar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Yogi Yadav @ Yogendar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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