Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10027 of 2019 Arising Out of PS. Case No.-398 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Rajesh Yadav, aged about 22 years (M), S/o Sheetal Yadav, Residents of Village- Tara, P.S.- Fatehpur, (Gurpa- O.P) District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Singh For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.12.2018 in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that a secret information was received that two persons were transporting illicit liquor on motorcycle and they were intercepted. From their possession, 45 litres of country made Mahua liquor were recovered. It is further alleged that the petitioner was just a pillion rider on the motorcycle in question.

It is submitted by learned counsel for the petitioner that the seizure list does not bear the signature of the petitioner

Patna High Court Cr.Misc. No.10027 of 2019(2) dt.20-02-2019 2/2 and the FSL report of the seized material has not been obtained. A statement has been made in paragraph no. 3 of the petition that the petitioner is involved in one other case on which he is on bail.

Learned APP for the State submits that recovery has been made from the conscious physical possession of the petitioner.

Considering the quantity of recovery and period under custody, 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), Gaya in connection with Fatehpur(Gurpa) P.S. Case No.398 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T