Patna High CourtCR. MISC./46078/2018bail granted

Lalan Yadav v. The State Of Bihar

2018-07-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46078 of 2018 Arising Out of PS. Case No.-306 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Lalan Yadav S/o Bateshwar Yadav, R/o Vill.- Vishanpur Farm house, Ward No. 43, P.S.- Begusarai (Nagar), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Town P.S. Case no. 306 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

229.680 lts. of foreign liquor is said to have been recovered from rear side of the house of the petitioner and from his cow-shed after excavating earth and the petitioner was apprehended.

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. The place

Patna High Court Cr.Misc. No.46078 of 2018(2) dt.30-07-2018 2/2 of recovery is open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his cow-shed. Though, one 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 24.05.2018.

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 Addl. Sessions Judge-II, Begusarai in connection with Town P.S. Case no. 306 of 2018.

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