High CourtsSingle Bench(2019) 12 PAT CK 0253

Shyam Nandan Yadav @ Shyam Nandan Prasad vs State Of Bihar

Patna High Court · Decided on 16 December 2019

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 78493 Of 2019

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Judgment

8 paragraphs · 291 words
1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in Bihta P.S. Case No. 963 of 2019 dated 19.10.2019 corresponding to Spl. Case No. 9293 of 2019 instituted under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

From the petitioner, who was driving a motorcycle, 50 litres of countrymade liquor was recovered.

4.

Learned counsel for the petitioner submitted that the liquor did not belong to him and he is in custody since 19.10.2019.

5.

Learned APP submitted that the liquor was recovered from his conscious possession i.e., the motorcycle which he was driving.

6.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in Special Case No. 9293 of 2019, arising out of Bihta PS Case No. 963 of 2019.

7.

One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. 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 appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

8.

The application stands disposed off.