Patna High CourtCR. MISC./38712/2018bail granted

Dharmendra Kumar Yadav v. The State Of Bihar

2018-07-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38712 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -FULKAHA District- ARRARIA ====================================================== Dharmendra Kumar Yadav S/O Maheshwari Yadav Resident of Village Madhura Uttar, Ward No. 14 P.S. Narpatgan District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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 Sections 30 (a)/36/38 of the Bihar Prohibition and Excise Act, 2016.

24.6 liters of Nepali Saufi wine is said to have been recovered from the two Motorcycles of the petitioner and one Mithlesh Kumar Yadav and both were 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 no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent and has been

Patna High Court Cr.Misc. No.38712 of 2018 (02) dt.03-07-2018 - 2 - languishing in custody since 06.05.2018.

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 2nd Additional Sessions Judge-cum-Special Judge Araria, in connection with Special Case No. 536 of 2018 arising out of Fulkaha P.S. Case No.77 of 2018.

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