Lalo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22191 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- CHARIABARIYARPUR DistrictBegusarai ====================================================== Lalo Yadav S/o Debu Yadav, R/o Vill.- Sihma, P.S.- Vibhan, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur, Adv.
For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP XIII ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Cheriya Bariyarpur (Manjhaul) P.S. Case No. 32 of 2018 registered under Section 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 306.36 liters of foreign liquor is said to have been recovered from the pick-up van and the petitioner, who happens to be its driver was apprehended while some accused persons managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with
Patna High Court Cr.Misc. No.22191 of 2018(2) dt.17-04-2018 2/2 the seized liquor. He has been falsely implicated in the case at the instance of his enemies. He had no knowledge of transporting the said liquor in his vehicle by its commuters who managed to escape seeing the police party. He has no criminal antecedent. He has been languishing in custody since 28.02.2018.
Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Cheriya Bariyarpur (Manjhaul) P.S. Case No. 32 of 2018 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Begusarai.
(Prakash Chandra Jaiswal, J) Shamshad/- U T