Rampravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49481 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Rampravesh Yadav, S/o. Late Adalat Yadav, R/o. village- Harkholi, P.S.- Baghouch, District- Deoria (U.P.) at present R/o. Village- Khiridih, P.S.- Vijayeepur, 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. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 30 liters of country made liquor is said to have been recovered from the possession of the petitioner and he is said to be engaged in vending the liquor.

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 any trade of liquor. He has been falsely implicated in this case at the instance of his enemy by planting the

Patna High Court Cr.Misc. No.49481 of 2018 (02) dt.10-08-2018 - 2 - aforesaid recovery from his possession. He has no criminal antecedent and has been languishing in custody since 01.07.2018. 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-II-cum-Special Judge Excise Act, Gopalganj in connection with Vijayeepur P.S. Case No. 136 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T