Banke Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9152 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -MANSI RAIL P.S. District- KHAGARIA ======================================================

1. Banke Yadav, S/o Shri Bhola Yadav, Resident of Village- Dayalpur, Ward No. 2, P.S.- Gamhariya, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mansi (Rail) P.S. Case No. 28 of 2017, G.R. (R) No.211 of 2017, registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 27.390 liters of foreign liquor is said to have been recovered from the possession of the petitioner in the railway boggy at Bakhtiyarpur railway station.

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 been falsely implicated in this case by the RPF personnel due to some alteration with them over a trivial matter. He has no criminal

Patna High Court Cr.Misc. No.9152 of 2018 (02) dt.17-02-2018 2 / 2 antecedent. He has been languishing in custody since 09.12.2017. 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 Additional District Judge-I-cum-Special Judge Excise, Khagaria in connection with Mansi (Rail) P.S. Case No.28/2017, G.R. (R) No.211/2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T