Patna High CourtCR. MISC./43270/2018bail granted

Indal Yadav v. The State Of Bihar

2018-08-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43270 of 2018 Arising Out of PS. Case No.-180 Year-2017 Thana- MATIHANI District- Begusarai ====================================================== Indal Yadav S/o Ram Yadav, R/o Vill.- Shihma, Pathla Tola, P.S.- Matihani, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Matihani P.S. Cas no. 180 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

354 lts. of foreign liquor is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is

Patna High Court Cr.Misc. No.43270 of 2018(4) dt.14-08-2018 2/2 inhabited by his several other family members and he had no knowledge of keeping of liquor in the said house. He was not apprehended on the spot. There is no compliance of Section 100 Cr.P.C. He has been languishing in custody since 27.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise, Begusarai in connection with Matihani P.S. Cas no. 180 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T