Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19556 of 2018 Arising Out of PS.Case No. -117 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ganesh Yadav, Son of Kishori Yadav, Resident of Village- Katkuiya, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== 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.

18 liters of Nepal wine is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended.

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 by the police by planting the

Patna High Court Cr.Misc. No.19556 of 2018 (02) dt.26-04-2018 2/ 2 aforesaid wine in his motorcycle. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 08.03.2018.

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 Additional Sessions Judge-IV-cum-Special Judge Excise, East Champaran at Motihari in connection with Excise Case No.117 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T