Radhey Shyam Singh Yadav @ Radhey Shyam Singh v. The State of Bihar BIHAR
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act, 2016 ss. 30(a), 45
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Kamla Kant Pandey, Adv. Mr.Ramchandra Sahni, A.P.P. ORAL ORDER 2 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Bikramganj P.S. Case No. 383 of 2022 registered for the offences punishable under Sections 30(a) and 45 of the Bihar Prohibition and Excise Amendment Act, 2016.
As per prosecution case, 17.460 litre illicit liquor was recovered from tempo in question. Co-accused Anmol Yadav @ Bholi Yadav was apprehended on the spot and he disclosed the name of the present petitioner and other who succeeded in fleeing away from the place of occurrence. Further, 54 litre foreign liquor was also recovered from cemetery situated at village Rediya.
Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.86470 of 2023(2) dt.23-01-2024 except disclosure of co-accused Anmol Yadav @ Bholi Yadav, there is nothing on record to demonstrate the complicity of the petitioner with the alleged occurrence. Petitioner is not apprehended on the spot. No incriminating article has been recovered from the conscious possession of the petitioner. Seizure list has not been prepared as per the law. Petitioner bears criminal antecedent of five cases and because of the said criminal antecedent, he has falsely been implicated in the present case. Petitioner is quite innocent and has not committed no offence as alleged against him in F.I.R. Petitioner is in custody since 24.09.2023.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, 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 Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 383 of 2022, subject Patna High Court CR. MISC. No.86470 of 2023(2) dt.23-01-2024 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. (ii) Petitioner will co-operate in trial and will 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. (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) alok/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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