Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12270 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -BAUSI District- PURNIA ======================================================
1. Rajesh Kumar Yadav, Son of Late Fokai Yadav, Resident of VillageTulasiya, Police Station- Bihariganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Special Excise P.S. Case No.47 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
37.980 liters of foreign liquor is said to have been recovered from the Tata Safari vehicle and petitioner who happens to be driver of the said vehicle was apprehended. 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 happens to be driver of the vehicle in question and had no knowledge of keeping the said liquor in the vehicle by the commuter who managed to
Patna High Court Cr.Misc. No.12270 of 2018 (03) dt.11-04-2018 2/ 2 escape seeing the police party. He has been falsely implicated in this case. Though one case under Section 302/34 of the Indian Penal Code and allied section is pending against the petitioner but he is on bail in the said case.
In the facts and circumstances of the case, 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 3rdAdditional Sessions Judge-cum-Special Judge Excise-cum-Special Judge (Excise), Purnea in connection with Special Excise Case No.47 of 2018, arising out of Baisi P.S. Case No.13 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T