IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31371 of 2011
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Jai Prakash Yadav @ Nanhaki son of Raghunath Rai, resident of village-
Doriganj, P.S. Doriganj, Distt.- Saran.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kr. Singh, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar, Addl. P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
2 15-10-2011 Heard.
The petitioner apprehends his arrest in a criminal
prosecution registered under Section 47(a) of the Bihar Excise Act,
1915.
It is submitted that though there is allegation of recovery of
120 liters of country liquor and some other articles, but it cannot
be said that the recovery has been made either from the house or
from the place belonging to the petitioner. It is highlighted that in
fact, alleged recovery has been made from the place, which does
not belong to the petitioner.
In the facts and circumstances of the case, in the event of his
arrest or surrender in the court below within a period of four weeks
from today, the above named petitioner shall be enlarged on bail
on furnishing bail bond of Rs. 10, 000/- with two sureties of the
like amount each to the satisfaction of Sri Anchal Dwivedi,
learned J.M. 1st Class, Chapra, Saran in connection with Tr. No.
290 of 2011, arising out of Excise Case No. 4 of 2009, subject to
the conditions as laid down under Section 438(2) Cr. P.C. and also
subject to the further conditions that :
2 Patna High Court Cr.Misc. No.31371 of 2011 (2) dt.15-10-2011
2/2
(A) One of the bailors must be government servant or
close family members of the petitioner, who will
file an affidavit in the court below showing
his/her relationship with the petitioners,
(B) if the petitioner is found involved in same and
similar nature of cases in future, then in that case
the informant/ prosecution shall be at liberty to
file a petition for cancellation of the bail of the
petitioner, and if such a petition is filed, the court
below would be obliged to dispose of the same in
accordance with law after giving opportunity of
hearing to all concerned and
(C) the petitioner shall make regular pairvi in the
court below in the present case either by
appearing himself in person or through
representation by his lawyer on each and every
dates, and if on two consecutive dates petitioner
fails to make pairvi, then the court below shall be
at liberty to cancel the bail bonds of the
petitioner.
(Birendra Prasad Verma, J)
B Tiwary/-