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Patna High CourtCR. MISC./79470/2018allowed

Pankaj Yadav v. The State Of Bihar

2019-01-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79470 of 2018 Arising out of PS. Case No.-114 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== Pankaj Yadav Son of Late Naresh Yadav @ Naresh Prasad Yadav Resident of Village- Manjhala Sem, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajauli P.S. Case No. 114 of 2017 registered for the offence punishable under Section 30(a) of the Excise Act. The allegation is regarding recovery of 500 litres of illicit liquor from two cars when the same were intercepted by the Police.

It is alleged that the petitioner was seen driving the said vehicle.

The learned counsel for the petitioner, referring to paragraph no. 8 of the present petition, has submitted that the alleged vehicles apprehended by the Police does not belong to the petitioner. It is further submitted that the petitioner has been

Patna High Court Cr.Misc. No.79470 of 2018(2) dt.22-01-2019 2/2 falsely implicated in the present case and no recovery has been made from the conscious possession of the petitioner. Lastly, it is submitted that though the petitioner is accused in three other cases but the same are not under the Excise Act. It is submitted that the petitioner is languishing in custody since 28.11.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 114 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T