Pawan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47284 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- FULKAHA District- Araria ====================================================== Pawan Yadav @ Pawan Kumar, S/o Chandar Yadav, R/o Vill-Manikpur, Ward no. 11, P.S. Fulkaha, Distt-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Fulkaha P.S. Case No. 105 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

567 lts. of Nepali wine is said to have been recovered from ditch in front of the house of the accused Chandan Yadav and the said liquor is said to be hailing to the petitioner and two other accused named in the First Information Report.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.47284 of 2018(2) dt.02-08-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of the source of information has not been mentioned in the written report. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 30.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Araria in connection with Fulkaha P.S. Case No. 105 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T