Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49800 of 2018 Arising Out of PS.Case No. -62 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ajay Yadav, Son of Late Gaya Yadav, R/o village- Ahwar Shiekh, Khajurbari Tola, P.S- Majhaulia, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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 Sections 30 A and 30 (D) of the Bihar Prohibition and Excise Act, 2016.

45 liters of sprit and 268 pieces of the wrapper are said to have been recovered from maize and wheat field of the petitioner and one Surendra Yadav being concealed there by the petitioner and two other accused persons who managed to escape seeing the police personnel.

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

Patna High Court Cr.Misc. No.49800 of 2018 (02) dt.13-08-2018 - 2 - with the seized liquor or the place of recovery or any trade of liquor. The place of recovery is an open place and easily accessible to anyone. Petitioner was not apprehended at the spot. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 13.04.2018.

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 Special Judge Excise, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 62 of 2017.

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