Ambedkar Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6355 of 2019 Arising Out of PS. Case No.-836 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Ambedkar Kumar Yadav, aged about 23 years, Gender - Male, S/o Dwarika Singh Yadav @ Dwarika Singh R/o village- Parari, P.S. - Shiv Sagar, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.12.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that on a secret information a motorcycle was intercepted on which two persons were travelling, whereupon one person escaped from the scene when the petitioner was apprehended and from the said intercepted motorcycle, 35.280 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that the motorcycle is not registered in the name of the

Patna High Court Cr.Misc. No.6355 of 2019(2) dt.05-02-2019 2/2 petitioner and he was just driving the motorcycle but he was not aware about the illicit liquor being kept in the motorcycle. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the motorcycle on which the petitioner was travelling. Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Kaimur (Bhabua) in connection with Excise Case No. 1058 of 2018, corresponding to Bhabua (Sonhan) P.S. Case No. 836 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T