Ram Yash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16758 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) * ====================================================== RAM YASH CHAUDHARY Son of Ram Lal Chaudhary Resident of Village - Gheghian, P.S.- Mohania. Distt - Kaimur at Bhabua, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 01.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that about 14 litres of country made liquor were recovered from the heap of straw near the Ghoghia Middle School. Though on seeing the police party, the petitioner and co-accused Suman Chaudhary tried to flee away from the place of seizure, but on chase being made by the police, the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that admittedly, the recovery has not been made from the conscious physical possession of the petitioner, rather it has

Patna High Court CR. MISC. No.16758 of 2019(2) dt.26-03-2019 2/2 been made from an open place and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner was found fleeing away from the place of seizure. Considering the said recovery made from an open place coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Kaimur at Bhabua in connection with Excise Case No. 77 of 2019, corresponding to Mohania P.S. Case No.50 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T