Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41422 of 2018 Arising Out of PS.Case No. -285 Year- 2018 Thana -SHERGHATI District- GAYA ====================================================== Upendra Kumar Yadav, S/o Arjun Yadav, Resident of Vill/MohallaSatgarbha, P.S.- Hanterganj, Dist- Chatra. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kiran Sinha For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code and Section 30(d) of the Bihar Prohibition and Excise Act, 2016. 500 kg of Mahua flower is said to have been recovered from the Maruti Omni Car and its driver managed to escape while the petitioner who is said to be owner of the said car 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 no concern either with the seized article or with the vehicle in question. He

Patna High Court Cr.Misc. No.41422 of 2018 (3) dt.25-07-2018 2/2 happens to be simple commuter and was travelling in the aforesaid vehicle taking lift from its driver without knowing keeping of the seized article in the bag in the aforesaid car. He has been falsely implicated in the case. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 26.05.2018.

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, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 285 of 2018.

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