Patna High CourtCR. MISC./52213/2018bail granted

Rakesh Yadav @ Tiwari v. The State Of Bihar

2018-08-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52213 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rakesh Yadav @ Tiwari Son of Sri Balistar Yadav, resident of villageRajwatiya, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 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.

19 liters of foreign liquor is said to have been recovered from the possession of the petitioner.

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 this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and the real culprit

Patna High Court Cr.Misc. No.52213 of 2018 (02) dt.25-08-2018 - 2 - managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent and has been languishing in custody since 20.05.2018.

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, West Champaran at Bettiah in connection with Nadi P.S. Case No. 20 of 2018.

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