Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23585 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Shambhu Yadav, Son of Sukhdev Yadav, Resident of Village- Shivnagar, Ward No.03, Police Station- Birpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Harendra Prasad ====================================================== 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 a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

81 liters of Nepali wine is said to have been recovered from the possession of the petitioner and two other accused persons.

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 falsely implicated in this case at the instance of his enemy by

Patna High Court Cr.Misc. No.23585 of 2018 (02) dt.26-04-2018 2 / 2 planting the aforesaid recovery from his possession. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 12.02.2018. 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 A.D.J.-II-cumSpecial Judge Excise, Supaul in connection with Misc. Excise 126/18, arising out of P.R. No.108/17 (Prakash Chandra Jaiswal, J) Trivedi/- U T