Dhananjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32240 of 2018 Arising Out of PS.Case No. -171 Year- 2018 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Dhananjay Yadav, son of Harihar Yadav resident of village - Raghunata, Police Station Siwan Muffasil, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

144.900 litres of foreign liquor is said to have been recovered from the bamboo made straw house located in front of the house 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 no concern either with the seized liquor or with the place of recovery. He has

Patna High Court Cr.Misc. No.32240 of 2018 (3) dt.18-06-2018 2/2 been falsely implicated in the case at the instance of his enemies and due to dirty village politics. Seizure list does not bear the signature of the petitioner. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. The petitioner has been languishing in custody since 07.04.2018.

Considering the facts aforesaid, 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 2nd cum Special Judge, Excise, Siwan in connection with Muffasil P.S. Case No. 171 of 2018.

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