Pankaj Yadava @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34176 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== PANKAJ YADAVA @ PANKAJ KUMAR Son of Bishnu Dayal Rai @ Bishnu Dayal Sah Resident of Village-Riga Road near Sri Ram Hall, P.S.- Sitamarhi, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mrs .Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 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 Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the house of the petitioner, 91.380 litres of Indian Made Foreign Liquor as well as Nepali liquor were recovered.

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 and moreover, the petitioner was not present at the place of seizure at the time

Patna High Court CR. MISC. No.34176 of 2019(2) dt.27-05-2019 2/2 of alleged recovery. 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 has been made from the house of the petitioner. Considering the fact that the recovery has been made from the joint family house of the petitioner, the period under custody 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 ADJ-II-cum-Special Judge, Excise, Sitamarhi, in connection with Sitamarhi P.S. Case No.06 of 2019.

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