Rohit Yadav @ Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23371 of 2018 Arising Out of PS. Case No.-115 Year-2017 Thana- DEODHA District- Madhubani ====================================================== Rohit Yadav @ Rohit Kumar Yadav S/o Harishankar Yadav @ Pahari @ Harish Chandra Yadav R/o Vill-Usrahi Aamtol, P.S. Deodha, Distt. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Deodha P.S. Case no. 115 of 2017 registered under Sections 272, 273 of the I.P.C. and Sections 37(B)/30(a) of Bihar Prohibition & Excise Act-2016.

225 lts. of country made liquor is said to have been recovered from the bank of Kamla Canal Amba Tol and two persons namely, Saroj Sahani and Madan Sahani were apprehended while petitioner managed to escape. The apprehended accused persons disclosed the name of the petitioner as their fleeing accomplice and their financer to fetch the liquor.

Patna High Court Cr.Misc. No.23371 of 2018(2) dt.26-04-2018 2/2 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 either with the seized liquor or with the place of recovery. He has been falsely implicated in the case by the apprehended accused persons. He was not apprehended on the spot. He has been languishing in custody since 05.03.2018. Said Madan Sahani has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 29.03.2018 passed in Cr. Misc. no. 17871 of 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 A.D.J.-II, Madhubani in connection with Deodha P.S. Case no. 115 of 2017.

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