Patna High CourtCR. MISC./34735/2019bail granted

Ashwani Kumar Yadav@Ashwini Kumar 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.34735 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== ASHWANI KUMAR YADAV@ASHWINI KUMAR YADAV Son of Udhari Yadav Resident of Village- Mahuar, P.S.- Brahmpur (Nainijor), DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.03.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 8.640 litres of Indian Made Foreign Liquor were recovered from a wheat crop filed and the petitioner was apprehended from the place of seizure. It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical possession of the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the

Patna High Court CR. MISC. No.34735 of 2019(2) dt.28-05-2019 2/2 petitioner is not having any criminal antecedent. Learned APP submits that the petitioner was apprehended from the place of seizure.

Considering the nature of accusation and the period under custody, coupled with the 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Buxar in connection with Brahmpur (Nainijore) P.S. Case No. 112 of 2019.

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