Shiv Pujan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58014 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== Shiv Pujan Yadav Son of Jugal Yadav Resident of Village - Salaha, Bari Arawa, P.S. Chautarwa, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.06.2018 in connection with Chautarwa P.S. Case No. 115/2018 for offences punishable under Sections 30(a), 37(b) of Bihar Prohibition of Excise Act, 2016.

The prosecution case, as lodged by the police party, is that during patrolling duty on secret information the motorcycle of the petitioner including the motorcycles of other co-accused persons were intercepted. From the motorcycle of the petitioner 2.700 litres of foreign liquor was seized. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.58014 of 2018(2) dt.03-10-2018 2/2 petitioner that he is innocent, nothing has been recovered from his conscious possession, bears no criminal history, he is running a small tea shop in the locality and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Chautarwa P.S. Case No. 115/2018.

(Nilu Agrawal, J) Rajesh/pragya U T