Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44492 of 2018 Arising Out of PS.Case No. -189 Year- 2018 Thana -KONCH District- GAYA ====================================================== Umesh Yadav, Son of Kishori Yadav, resident of village - Kashiya Dih, P.S.-Amas, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

150 litres of country made liquor is said to have been recovered from the tempo and the petitioner was apprehended in the course of escaping while two other accused persons managed to escape.

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 seized liquor or with the tempo in question or with any trade of liquor. He has been falsely implicated in the case by

Patna High Court Cr.Misc. No.44492 of 2018 (2) dt.24-07-2018 2/2 the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape leaving the aforesaid liquor laden tempo there seeing the police party. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 10.06.2018.

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 Special Judge, Excise Act, Gaya in connection with Konch P.S. Case No. 189 of 2018.

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