Sanjay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9778 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -BAHERA District- DARBHANGA ======================================================
1. Sanjay Kumar Yadav S/o Shatrughan Yadav, R/o Village- Matwasi (Sonki O.P.), P.S.- Bahadurpur, District- Darbhaga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Jha For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Bahera P.S. Case No.450 of 2017 registered under Section 30 (a), 32 (3) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.
70.500 liters of foreign liquor is said to have been recovered from the road unloaded from a car and the petitioner was apprehended while carrying one cartoon containing the liquor from the aforesaid place.
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 while he was passing through the
Patna High Court Cr.Misc. No.9778 of 2018 (02) dt.19-02-2018 2/ 2 place of occurrence at the time of occurrence merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 19.12.2017.
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 Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with Bahera P.S. Case No. 450 of 2017.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T