Alok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15121 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Alok Yadav, Sn of Late Lalta Yadav, R/o Village+P.O.- Milkopur, P.S.- Chaubeypur, District- Varanasi (U.P.) .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Mishra For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Buxar (Industrial) P.S. Case No. 12 of 2018 registered under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) and 41(I) of the Bihar Prohibition and Excise Act, 2016.

172.800 litres of country made liquor is said to have been recovered from the Tavera Vehicle and its driver namely Guddu Pasi and the petitioner who happens to be commuter were apprehended while other passengers managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.15121 of 2018 (3) dt.26-04-2018 2/2 with the seized liquor. He happens to be simple commuter of the vehicle in question and had no knowledge of keeping of the said liquor in the said vehicle. He has no criminal antecedent. He has been languishing in custody since 01.02.2018. Driver of the said vehicle, namely, Guddu Pasi has been enlarged on bail by a coordinate bench of this court vide order dated 14.03.2018 passed in Cr. Misc. No. 14566 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 A.D.J.-II cum Special Judge, Excise Act, Buxar in connection with Buxar (Industrial) P.S. Case No. 12 of 2018.

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