Patna High CourtCR. MISC./53118/2018bail granted

Jitendra Yadav v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53118 of 2018 Arising Out of PS. Case No.-204 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Jitendra Yadav, S/o Rambriksh Yadav, R/o Vill-Basani Janso Ki Madai, P.S. Alinagar, Distt-Chandauli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyank Deepak For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khagaul P.S. Case no. 204 of 2018 registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act-2016. 30.600 lts. of foreign liquor is said to have been recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits

Patna High Court Cr.Misc. No.53118 of 2018(2) dt.29-08-2018 2/2 managed to escape dumping the aforesaid liquor there seeing the police personnel. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 27.07.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Khagaul P.S. Case no. 204 of 2018.

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