Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20724 of 2018 Arising Out of PS. Case No.-282 Year-2017 Thana- LAUKHI District- Madhubani ====================================================== Upendra Yadav S/o Late Awadhi Yadav, R/o Tulsiyahi, P.S.- Laukahi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Laukahi P.S. Case no.282 of 2017 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act-2016.

127.200 lts. of Nepali wine is said to have been recovered from the motorcycle of the petitioner and petitioner was apprehended.

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. As a matter of fact, the petitioner was going to

Patna High Court Cr.Misc. No.20724 of 2018(2) dt.17-04-2018 2/2 his relative from the place of occurrence at the time of occurrence and he was falsely implicated in the case by the police merely on suspicion while the person carrying the said liquor managed to escape dumping the same at the place of occurrence. Though, two more criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 13.12.2017. 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 2nd Addl. District and Sessions Judge-cum-Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case no.282 of 2017.

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