Hira Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16415 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- LODIPUR District- Bhagalpur ====================================================== HIRA LAL YADAV, aged about 39 years, Son of Sri Bhagwat Yadav Resident of Village- Choudharydih , P.S.- Lodipur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhramveer, Advocate For the Opposite Party/s :

Mr.Rajendra Singh Shastry, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 29.01.2019 in connection with Lodipur P.S.Case No.205 of 2018 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that the petitioner has concealed huge consignment of illicit liquor in his house, a raid was conducted and two persons managed to flee away. From the house 68.975 litres of Indian Made Foreign liquor was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.16415 of 2019(2) dt.27-03-2019 2/2 has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and the house was a joint family property, hence the said illicit liquor could not be attributable to the petitioner. Petitioner further undertakes to cooperate in the investigation/trial and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the period of custody as well as the fact that the petitioner does not bear a criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Lodipur P.S.Case No.205 of 2018 to the satisfaction of learned 2nd Additional District Judge-cum-Special Judge, Excise, Bhagalpur.

(Nilu Agrawal, J) B.Kr./- U T