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Patna High CourtCR. MISC./12926/2018bail granted

Bhukur Yadav v. The State Of Bihar

2018-03-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12926 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -SABAUR District- BHAGALPUR ====================================================== Bhukur Yadav, Son of Bhagawat Yadav @ Bhawat Yadav, Resident of Village-Chaudharidih, P.S. Lodipur, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh, 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 Sabour (Goradih) P.S. Case No. 04 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

30.165 litres of foreign liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner and another co-accused Satyam Kumar were 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 has no concern with the seized liquor. As a matter of fact, the said liquor was recovered from the bag being carried by co-accused Satyam

Patna High Court Cr.Misc. No.12926 of 2018 (2) dt.07-03-2018 2/2 Kumar to whom the petitioner had given lift on his motorcycle without knowledge of keeping of liquor in the said bag. He has no criminal antecedent. He has been languishing in custody since 09.01.2018.

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 Additional District and Sessions Judge-IV cum Special Judge, Excise, Bhagalpur in connection with Sabour (Gordih) P.S. Case No. 04 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T