Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16253 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Munna Yadav son of Late Ramadhar Yadav resident of Village : Lewabad, P.S. Karakat, District Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Nazir Ansari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Karakat P.S. Case No. 239 of 2017 registered under Sections 30(a), 36 and 37(b) of the Bihar Prohibition and Excise Act, 2016.

78 litres of country made liquor is said to have been recovered from the poultry farm and three accused persons were apprehended who disclosed the name of the petitioner as their fleeing accomplice.

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 with the place of recovery or with the seized liquor. He has

Patna High Court Cr.Misc. No.16253 of 2018 (2) dt.21-03-2018 2/2 been falsely implicated in the case. There is noting in the record indicating the complicity of the petitioner barring the disclosure of the apprehended accused persons. He was not apprehended on the spot. Though on more criminal case has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 09.02.2018.

Considering the facts aforesaid, 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 Court, Excise, Rohtas at Sasaram in connection with Karakat P.S. Case No. 239 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T