Satrughan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26786 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Satrughan Yadav S/o Shri Yadav, R/o Vill.- Matanpura, P.S.- Bhagwanpur Hatt, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant, Adv.

For the Opposite Party/s :

Smt. Anita Kumari, APP 239 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Bhagwanpur Hatt P.S. Case No. 8 of 2018 registered under Sections 272, 273, 308 and 420 of the Indian Penal Code and Sections 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

1070 liters of foreign liquor is said to have been recovered from the canal located besides the bathan of the petitioner said to have been kept there by the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.26786 of 2018(2) dt.03-05-2018 2/2 with the seized liquor or place of recovery or any trade of liquor. He has been falsely implicated in the case at the instance of the Station House Officer, Bhagwanpur Police Station, as the petitioner runs the business of tent and refused to oblige the informant to provide him the tent material free of costs. The identity of genuineness of the information has not been mentioned in the first information report. The petitioner was not apprehended on spot. Though two more cases under Excise Act have been lodged against the petitioner, but, he is on bail in the aforesaid cases. He has been languishing in custody since 20.03.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bhagwanpur Hatt P.S. Case No. 8 of 2018 to the satisfaction of the Additional District Judge, II, Siwan.

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