Bodha Yadav @ Bodha Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13161 of 2018 Arising Out of PS.Case No. -607 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bodha Yadav @ Bodha Rai, Son of Late Rijhan Rai, resident of village - Laxmipur Gadariya, P.S.-Turkauliya, District-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :Mr. Abhishek Kumar @ Sonu Babu, Advocate. Miss Rashmi Jha, Advocate.
For the Opposite Party/s :Mr. Surendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Turkauliya P.S. Case No. 607 of 2017 registered under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 70 litres of spirit is said to have been recovered from the motorcycle of the petitioner and the petitioner and one other co-accused, namely, Ganesh Rai managed to escape leaving the aforesaid motorcycle.
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 concern
Patna High Court Cr.Misc. No.13161 of 2018 (2) dt.07-03-2018 2/2 either with the aforesaid motorcycle or with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 26.12.2017.
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 Special Judge, Excise, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 607 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T