Patna High CourtCR. MISC./34625/2019bail granted

Dilip Yadav v. The State Of Bihar

2019-05-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34625 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== DILIP YADAV S/o Ramchandra Yadav R/o Village- Kahra Ward No. 24, P.S. and District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.04.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 140 litres of country made liquor were recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the said recovery has been made from the joint family house of the petitioner, hence, it cannot be treated from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery

Patna High Court CR. MISC. No.34625 of 2019(2) dt.28-05-2019 2/2 has been made from the house of the petitioner. Considering the nature of recovery coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Special Judge, Excise Act, Saharsa in connection with Special Case No. 182 of 2019, arising out of Saharsa Sadar P.S. Case No. 350 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T