Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36920 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -BARH District- PATNA ====================================================== Mukesh Yadav, son of Late Swarath Yadav, resident of Malahi West P.S. Barh District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barh P.S.Case No. 90 of 2017, arising out of Special Case No. 424 of 2017, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 270 litres of liquor from his tempo.

Submission of learned counsel for the petitioner is that though he is owner of the tempo but he is not present at the time of seizure and he is in custody for more than two months. Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.36920 of 2017 (3) dt.30-08-2017 2/2 circumstances of the case, this application is disposed of with a direction to the court below to release the petitioner on bail once charge has been framed in this case or after completion of three months period in custody, whichever is earlier. (Vinod Kumar Sinha, J) spal/- U