Kishori Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49572 of 2018 Arising Out of PS.Case No. -264 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kishori Yadav S/o Raj Deo Yadav, R/o Vill. I.I.T., Kargahiyan, Dhangar Toli P.S.- Bettiah Muffasil, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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.

51 liters of foreign liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his

Patna High Court Cr.Misc. No.49572 of 2018 (2) dt.13-08-2018 2/2 several family members and he had no knowledge of keeping of the said liquor in the house. 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 no criminal antecedent and has been languishing in custody since 31.05.2018.

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 Special Judge Excise Act, Bettiah in connection with Bettiah Muffasil P.S. Case No. 264 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T