Mathura Yadav @ Mathura Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52663 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -SIRDALA District- NAWADA ====================================================== Mathura Yadav @ Mathura Prasad, Son of Late Brahmdeo Prasad, Resident of village - Narnaryanpur, P.S.-Sirdalla, District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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.

50 litres of country made liquor is said to have been recovered from the motorcycle and the petitioner was apprehended in the course of escaping from the said motorcycle. 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 with the motorcycle in question. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at

Patna High Court Cr.Misc. No.52663 of 2018 (2) dt.27-08-2018 2/2 the time of occurrence and the real culprit managed to escape leaving the aforesaid liquor laden motorcycle there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 11.07.2018.

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. District and Sessions Judge-II cum Special Judge, Nawada in connection with Sirdala P.S. Case No. 205 of 2018.

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