Madan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24991 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Madan Yadav son of Late Upendra Prasad Yadav @ Upendra Yadav resident of village - Baijnathpur, Ward No. 7, P.S. Sour Bazar (Baijnathpur O.P.), District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

182.400 litres of country made liquor is said to have been recovered from the closed rice mill of Md. Samim Alam located adjacent to the house of Kamal Chaurasia and the said Kamal Chaurasia was apprehended who disclosed the name of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.24991 of 2018 (2) dt.01-05-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He was not apprehended on the spot. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of Kamal Chaurasia and the said Kamal Chaurasia has been enlarged on bail by this court vide order dated 16.04.2018 passed in Cr. Misc. No. 21103 of 2018. The petitioner has been languishing in custody since 09.03.2018. 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 Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No. 50 of 2018 arising out of Sour Bazar (Baijnathpur O.P.) P.S. Case No. 49 of 2018.

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