Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23754 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== Arun Kumar Yadav, Son of Nand Lal Yadav, resident of Purani Kankarbagh, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No. 2252 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30 (a)/37 (a) (b) (c) of the Bihar Prohibition and Excise Act.

During the course of raid at different places several persons were apprehended while other managed to escape and from the possession of the petitioner 20 liters of country made liquor was recovered.

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

Patna High Court CR. MISC. No.23754 of 2019(2) dt.12-04-2019 2/2 with the seized liquor or the place of recovery or any trade of 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 while the real culprit managed to escape. He has no criminal antecedent. He has been languishing in custody since 01.03.2019.

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 Special Judge, Excise, Patna in connection with Agamkuan P.S. Case No.209 of 2019, corresponding to Special Case No.2252 of 2019. (Prakash Chandra Jaiswal, J) Trivedi/- U T