Munna Yadav vs The State Of Bihar
2021 Latest Caselaw 589 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36926 of 2020
    Arising Out of PS. Case No.-407 Year-2020 Thana- DEHRI TOWN District- Rohtas
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Munna Yadav, male, aged about 38 years, Son of Lalan Singh Yadav @ Lalan Yadav, Resident of Village - West Mohan Bigaha, Ward No. 17, P.S. - Dehri (T), District - Rohtas

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Siddharth Harsh, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Siddharth Harsh, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Dehri

(T) PS Case No. 407 of 2020 dated 12.06.2020, instituted under

Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that he was

caught upon chase by the police and from his bathroom, 52.5

litres of country-made liquor was recovered.

4. Learned counsel for the petitioner submitted that he

has wrongly been made accused and not caught at the spot

where recovery was made. It was further submitted that the

petitioner, though having one case of similar nature of the year Patna High Court CR. MISC. No.36926 of 2020 dt.02-02-2021

2017, has not committed the present offence and is in custody

since 13.06.2020.

5. Learned APP submitted that from the bathroom of the

petitioner there has been recovery of liquor.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned 2 nd Additional

District and Sessions Judge-cum-Special Judge, Excise, Rohtas

at Sasaram in Dehri (T) PS Case No. 407 of 2020, subject to the

conditions (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii)

that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates, Patna High Court CR. MISC. No.36926 of 2020 dt.02-02-2021

without sufficient cause, shall also lead to cancellation of his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T