Joginder Yadav @ Jogindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27317 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAHARSA ======================================================

1. Joginder Yadav @ Jogindra Yadav, S/o Moti Lal Yadav, Resident of Village- Hari Nagar Chairaiya, Ward No. 01, P.S. Ghailad, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Neeraj Kumar, Adv. Mr. Alok Kumar, Adv.

For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 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.

40 liters of country made liquor is said to have been recovered from the motorcycle of the petitioner and petitioner was 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 been

Patna High Court Cr.Misc. No.27317 of 2018 (02) dt.03-05-2018 falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. The prosecution report has already been submitted in this case. Though four more criminal cases have been lodged against the petitioner but the petitioner is on bail in the aforesaid cases. He has been languishing in custody since 15.03.2018. 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 Special Judge Excise Act, Saharsa in connection with Special (Excise) Case No.141/2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U