Patna High CourtCR. MISC./4493/2019bail granted

Shakti Yadav @ Shiv Shakti Yadav v. The State Of Bihar

2019-01-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4493 of 2019 Arising Out of PS. Case No.-403 Year-2017 Thana- AMARPUR District- Banka ====================================================== Shakti Yadav @ Shiv Shakti Yadav, Son of Shyam Sunder Yadav, R/o VillageDhamnichak, P.O-and P.S.-Amarpur, Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Opposite Party/s :

Mr. Arbind Kumar Pandey (App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

53 bottles each containing 180 ML of foreign liquor is said to have been recovered from the bush located near the poultry farm of Ranjeet Kumar Bhagat @ Ranjo Bhagat. Said Ranjeet Kumar in his confessional statement has named the petitioner and others as supplier of the liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no

Patna High Court Cr.Misc. No.4493 of 2019(2) dt.30-01-2019 2/2 concern either with the seized liquor or place of recovery or any trade of liquor. He was not apprehended on the spot. He has been falsely implicated in the case by said Ranjeet Kumar due to animosity. Barring the aforesaid confessional statement of Ranjeet Kumar, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has been languishing in custody since 05.08.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Banka in connection with Amarpur P.S. Case No. 403 of 2017.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T