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Patna High CourtCR. MISC./51056/2018bail granted

Lalan Kumar Yadav v. The State Of Bihar

2018-08-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51056 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- FULKAHA District- Araria ====================================================== Lalan Kumar Yadav S/o Jai Prakash Yadav Resident of Ward No. 3, Chanda Khera, P.S. Narpatganj, District - Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Fulkaha P.S. Case No. 114 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Act, 2016.

19.8 lts. of Nepali wine is said to have been recovered from the motorcycle of the petitioner and he was apprehended.

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 at

Patna High Court Cr.Misc. No.51056 of 2018(2) dt.20-08-2018 2/2 the instance of his enemy by planting the aforesaid recovery from his possession. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 02.07.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Araria, in connection with Fulkaha P.S. Case No. 114 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T