Amarjeet Yadav v. The State of Bihar BIHAR
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Priyesh Kumar Mr.Nand Kishore Prasad ORAL ORDER 2 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Yadopur P.S. Case No. 180 of 2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
As per prosecution case, informant got information from the superior official that illicit liquor is being brought by the petitioner and other from a tractor and after that informant alongwith police team reached at the spot. It is alleged that all the accused persons fled away from the spot after seeing the police team and 785.28 litre IMFL was recovered from the tractor in question.
Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.1769 of 2024(2) dt.25-01-2024 petitioner is quite innocent and has not committed any offence as alleged in the FIR. He furhter submits that petitioner is neither owner nor driver of the tractor in question. Petitoner is not apprehended on the spot. Petitoner has been falsely implicated in this case on the basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner is in custody since 15.12.2023 and bears criminal antecedent of one case in which he is on bail. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner has nothing to do with the alleged recovery of liquor.
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 Additional Sessions Judge-II cum Special Judge, Excise-1, Gopalganj in connection with Yadopur P.S. Case No. 180 of 2023, subject to Patna High Court CR. MISC. No.1769 of 2024(2) dt.25-01-2024 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) shahzad/- U T
Precedent status how later indexed judgments have treated this case
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