Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48094 of 2018 Arising Out of PS.Case No. -482 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================
1. Sunil Kumar Yadav son of Debu Yadav @ Dabu Yadav, resident of Village- Tintolia, Ward No. 10, P.S. Pratapganj, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
1890 liters of Nepali liquor is said to have been recovered from the Bolero pickup van parked at the door of the petitioner and petitioner is said to be owner-cum-driver of the said pickup van.
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.48094 of 2018 (03) dt.21-08-2018 - 2 - with the seized liquor or the vehicle in question. He does not happen to be either owner or driver of the said vehicle. He has been falsely implicated in this case at the instance of his enemy. Though petitioner has been alleged to be owner-cum-driver of the pickup van in the seizure list but the said fact is not mentioned in the prosecution report. He has no criminal antecedent and has been languishing in custody since 22.06.2018. 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 Sessions Judge-II-cum-Special Judge Excise Act, Supaul in connection with Misc. Excise Case No.482 of 2018, arising out of P.R. No.27/2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T