Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7816 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- SIMRI District- Buxar ====================================================== SUNIL YADAV S/o Ramayan Yadav Resident of Village- Dullahpur, P.S.- Simri, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Simri P. S. Case No. 273 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Amendment Act, 2018 . It is alleged that 9148 bottles of foreign liquor has been recovered from the poultry farm of petitioner adjacent to Bazara field behind the Krishan Temple situated at village Dullahpur.

Learned counsel for petitioner submits that from the seizure list, it is apparent that seizure has been made from the open field behind the Temple. There is no signature of the petitioner on the aforesaid seizure list. Petitioner has been made accused merely on suspicion. There is no recovery from

Patna High Court Cr.Misc. No.7816 of 2019(2) dt.11-02-2019 2/2 conscious possession of this petitioner.

The petitioner is in custody since 26.12.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, 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 the ADJ-II-cum- Spl. Judge Excise Act, Buxar, in connection with Simri P. S. Case No. 273 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T