Bibhuti Bhushan @ Yadavjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43369 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Bibhuti Bhushan @ Yadavjee Son of Dinesh Rai @ Dinesh Kumar Resident of village- Baluaha Tola Malikana, P.S.- Hathauri, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4.500 litres of foreign liquor is said to have been recovered from the hut of the petitioner and the 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 no concern either with the seized liquor or hut in question. He has been falsely

Patna High Court Cr.Misc. No.43369 of 2018 (3) dt.24-07-2018 2/2 implicated in the case by the police merely on suspicion as the hut of the petitioner is adjacent to the place of recovery. He happens to be student. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 13.06.2018.

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, Muzaffarpur in connection with Hathauri P.S. Case No. 109 of 2018.

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