Pandav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47818 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -MANSI District- KHAGARIA ====================================================== Pandav Yadav, son of Ramakant Yadav, resident of village- Thatha, P.S. Mansi, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Adv. For the Opposite Party : Mr. Suresh Prasad Singh, A.P.P. - 230 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

139.125 liters of foreign liquor is said to have been recovered from the Bolero vehicle which was parked at the door of the petitioner and the petitioner managed to escape. 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 the vehicle in question. There is violation of Section 100 Cr.P.C. He has been falsely implicated in this case by the police merely on suspicion because the liquor was seized

Patna High Court Cr.Misc. No.47818 of 2018 (2) dt.06-08-2018 from the vehicle which was parked at his door. He was not apprehended at the spot. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 29.05.2018. 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 Additional Sessions Judge-1st-cum-Special Judge Excise, Khagaria in connection with Mansi P.S. Case No. 52 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T