Patna High CourtCR. MISC./2076/2018bail granted

Funni Yadav v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2076 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -GURUA District- GAYA ======================================================

1. Funni Yadav Son of Late Chandu Yadav, Resident of Village-Nagwan, Tola Gowarbigha, P.S. Gurua, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. For the Opposite Party/s : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Gurua P.S. Case No.143 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 60 liters of country made liquor is said to have been recovered from the paddy field located on the burning ghat and the same is said to have been brewn by the petitioner and the other two accused persons who 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 been

Patna High Court Cr.Misc. No.2076 of 2018 (02) dt.23-01-2018 2/ 2 falsely implicated in this case. The petitioner had no concern either with the seized liquor or with the alleged place of recovery. He was not apprehended on the spot. He has no criminal antecedent. The petitioner has been languishing in custody since 23.10.2017. .

In the facts and circumstances of the case, 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 Special Judge Excise, Gaya in connection with Gurua P.S. Case No. 143 of 2017.

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