Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66973 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== Subodh Yadav, son of Mahadeo Yadav, resident of Village- Belahi, P.S. -Pandaul, District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pandaul P.S. Case No. 07 of 2018 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a), 36, 38(a) and 41(a) of the Bihar Prohibition and Excise Act.

Allegation against petitioner is recovery of total 180 liters of foreign liquor from an auto rickshaw which was carried by petitioner and other co-accused.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. He is the owner of the said

Patna High Court Cr.Misc. No.66973 of 2018(2) dt.22-11-2018 2/2 vehicle. Name of the petitioner has surfaced in this case only on basis of confessional statement made by other co-accused and except confessional nothing against the petitioner. He has no criminal antecedent. He is in custody since 29.08.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge -cum-Special-Judge Excise Act, Madhubani in connection with Pandaul P.S. Case No. 07 of 2018 (G.R. No. 68 of 2018).

(S. Kumar, J) Rajiv/ManojU T