Satendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51182 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -JADOPUR District- GOPALGANJ ====================================================== Satendra Yadav S/o Ramanand Yadav, R/o Vill.- Semra Nawada, P.S.- Yadopur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

86.400 litres of foreign liquor is said to have been recovered from the motorcycle 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 with the seized liquor. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.51182 of 2018 (2) dt.20-08-2018 2/2 by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 14.07.2018. 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 Addl. Sessions Judge-II cum Special Judge, Excise, Gopalganj in connection with Yadopur P.S. Case No. 66 of 2018.

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