Patna High CourtCR. MISC./19256/2018bail granted

Om Prakash Yadav v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19256 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -NATWAR District- SASARAM (ROHTAS) ======================================================

1. Om Prakash Yadav, Son of Hira Yadav @ Hira Lal Singh, Resident of Bishambharpur (Tola), P.S. Natwar, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== 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 Natwar P.S. Case No. 14 of 2018 registered under Section 30/34/35 of the Bihar Prohibition and Excise Act, 2016 and under Section 272 & 273 of the Indian Penal Code.

846 liters of foreign liquor is said to have been recovered from the 'Khalihan' of Surendra Yadav who managed to escape 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 merely on suspicion.

Patna High Court Cr.Misc. No.19256 of 2018 (02) dt.26-04-2018 2/ 2 He has no concern with the seized liquor or the place of recovery. He has no criminal antecedent and has been languishing in custody since 16.02.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Rohtas at Sasaram in connection with Natwar P.S. Case No.14 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T