Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6263 of 2018 Arising Out of PS.Case No. -74 Year- 2016 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Umesh Yadav, S/o Late Kishun Yadav, Resident of Village- Banuchhapar, P.S.- Banuchhapar (O.P.), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bairiya P.S. Case No. 74 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

69 litres of country made liquor is said to have been recovered from the shop of the petitioner and the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has been falsely implicated in the case due to dirty village politics by planting

Patna High Court Cr.Misc. No.6263 of 2018 (3) dt.21-02-2018 2/2 aforesaid recovery from the shop of the petitioner. He was not apprehended on the spot. He has no concern with the seized liquor. He has no criminal antecedent. The petitioner has been languishing in custody since 27.11.2017.

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 Special Judge, Excise, Bettiah, West Champaran in connection with Bairiya P.S. Case o. 74 of 2016.

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