Shyam Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33364 of 2019 Arising Out of PS. Case No.-112 Year-2017 Thana- THARTHARI District- Nalanda ====================================================== Shyam Kishore Yadav Son of Kara Yadav @ Kara Gope Resident of Village - Atabalchak, P.S.- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Tharthari P.S. Case No. 112 of 2017 registered for the offence punishable under Sections 30(a), 37(b) of Bihar Prohibition and Excise Act.

300 lts. of country made liquor is said to have been recovered from the Bank of river and one person in inebriated condition was apprehended while six other accused persons managed to escape. The apprehended accused disclosed the name of fleeing persons including that of the petitioner and stated that they were involved in brewing and vending liquor at the aforesaid place.

Patna High Court CR. MISC. No.33364 of 2019(2) dt.21-05-2019 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. He was not apprehended on the spot. He has been falsely implicated in this case by the apprehended accused, namely, Chano Yadav due to animosity. Petitioner has been languishing in custody since 01.04.2019.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-III-cumSpecial Judge, Excise, Nalanda at Biharsharif in connection with Tharthari P.S. Case No. 112 of 2017.

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