Ram Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28132 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Ram Narayan Yadav, S/o Late Raghulal Yadav, Resident of Village- Aakopur, P.S. Rosera, District Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Pramod Kumar Singh For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and learned A.P.P.

The sole petitioner, who is in custody since 19.2.2018 having clean antecedent, which fact has bee stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Rosera P.S. Case No. 55 of 2018, registered for the offence under Sections 38, 47, 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016.

It was submitted by learned counsel for the petitioner that nothing was recovered either from conscious possession of the petitioner or from his premises or land, rather in the case on secret information police recovered huge quantity of Indian make foreign liquor in an open filed ( Chour ) and petitioner and others were apprehended as if they were involved in

Patna High Court Cr.Misc. No.28132 of 2018(2) dt.08-05-2018 2/2 commission of offence under the Bihar Prohibition and Excise Act, 2016. It has been argued by learned counsel for the petitioner that other three accused who were apprehended along with the petitioner have already bee extended the privilege of bail vide Cr. Misc. No. 19454 of 2018, Cr. Misc. No. 20052 of 2018 and Cr. Misc. No. 21003 of 2018.

Considering the fact that other co -accused in similar circumstances have been extended the privilege of bail, there is no reason to refuse the same relief to the petitioner. Accordingly, let the petitioner Ram Narayan Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge Excise Act , Samastipur / concerned court in connection with Rosera P.S. Case No. 55 of 2018.

(Rakesh Kumar, J) praful/- U T