Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34208 of 2019 Arising Out of PS. Case No.-430 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== ANIL YADAV Son of Late Ramashary Yadav Resident of Mohalla - Gandhi Nagar Town School, P.S.- Town, Distt - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 08-04-2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the betel shop of the petitioner, about 3 liters of illicit country made liquor was recovered. It is submitted by the learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner.

Learned APP submits that recovery has been made from the beetle shop of the petitioner. The petitioner is accused in other two cases apart from the present one.

Considering the quantity of recovery and fact that recovery has not been made

Patna High Court CR. MISC. No.34208 of 2019(2) dt.27-05-2019 2/2 from the conscious physical possession of the petitioner, the investigation has already concluded, coupled with the period in custody, let the petitioner above named be released 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 Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Excise Case No. 430 of 2019. (Dinesh Kumar Singh, J) anil/- U