Bhim Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bhim Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Srinagar P.S. Case No. 159 of 2023, subject to conditions: (I) one of the bailors shall be own/close member of the family of the petitioner; (II) the petitioner shall appear on each and every date fixed at the trial, and in case of default in such appearance on two consecutive dates the Trial Court will have liberty to cancel the bail bonds.

Issue for consideration

Whether the petitioner should be granted bail in connection with Srinagar P.S. Case No. 159 of 2023, instituted for offences under Sections 272, 273, 420, 467, 468, 471, 414, 34 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, this Court granted bail to the petitioner.

Ratio / Principle

The release on bail is made subject to conditions, including that in case of default in appearance at the trial on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), Crl. Misc. No.21954 of 2024, order dt. 20-03-2024: bail granted to Bhim Yadav, arrested in Srinagar P.S. Case No. 159 of 2023 (West Champaran) registered under Sections 272, 273, 420, 467, 468, 471, 414, 34 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, after 1486.08 litres of liquor was recovered from two vehicles (587.52 litres from the vehicle attributed to the petitioner) and the petitioner was apprehended on spot. Petitioner in custody since 27.11.2023; counsel argued innocence, that he was merely driver of one seized vehicle without knowledge of the goods, no recovery from conscious possession, two criminal antecedents (on bail in both), and non-compliance of Section 100 Cr.P.C.; APP opposed. Bail allowed on bonds of Rs. 10,000/- with two like sureties, one bailor to be a close family member, and appearance required on every trial date, failing which on two consecutive defaults the Trial Court may cancel the bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21954 of 2024

Arising Out of PS. Case No.-159 Year-2023 Thana- SRINAGAR District- West Champaran

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

Bhim Yadav Son of Tulasi Yadav Resident of Village- Bhediharwa, P.S.Sathi, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 20-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Srinagar P.S. Case No. 159 of 2023, instituted for the offences punishable under Sections 272, 273, 420, 467, 468, 471, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that, 1486.08 liters liquor was recovered from two vehicles out of which 587.52 liters liquor was recovered from the vehicle of the petitioner. The petitioner was apprehended on spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.21954 of 2024(2) dt.20-03-2024 2/3

present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is driver of one of the seized vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 27.11.2023 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Srinagar P.S. Case No. 159 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.21954 of 2024(2) dt.20-03-2024 3/3

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Rajorshi/-

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