Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14826 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== PRAKASH YADAV Son of Bino Yadav R/o village- Ganeshpur, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kharik P.S. Case No. 13 of 2019, registered for the offence punishable under Sections Section 30 (a) (c )/ 38 (i) (ii) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that in the instant case total 346 liters liquor was seized. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, he runs a betel shop for his livelihood and he has no connection with the trade of liquor. He submits that seizure was made behind the back and not from the conscious possession of the petitioner. He

Patna High Court CR. MISC. No.14826 of 2019(2) dt.11-03-2019 2/2 submits that petitioner is in custody since 13.1.2019. Considering the fact that the petitioner has no criminal antecedent, let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Act-cum- ADJ 2nd Bhagalpur in connection with Kharik P.S. Case No. 13 of 2019. (Anil Kumar Upadhyay, J) T.Kr./- U T