Patna High CourtCR. MISC./52303/2018bail granted

Ramlal Yadav @ Gopal Krishn v. The State Of Bihar

2018-08-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52303 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -DEODHA District- MADHUBANI ====================================================== Ramlal Yadav @ Gopal Krishn son of Deo Narayan Yadav resident of Village- Uchhal Tol P.S.- Jaynagar District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

18 liters of Nepali liquor is said to have been recovered from the bicycle of the petitioner and 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 the bicycle in question. There is violation of Section 100 Cr.P.C. He has been falsely implicated in this case by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.52303 of 2018 (2) dt.25-08-2018 - 2 - the place of occurrence at the time of occurrence and the real culprit managed to escape dumping the liquor laden bicycle there seeing the police party. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 17.06.2018. 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 District and Sessions Judge-II-cum-Special Judge Excise Act, Madhubani in connection with Deodha P.S. Case No. 57 of 2018 G.R. No. 846 of 2018.

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