Hira Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52937 of 2018 Arising Out of PS.Case No. -149 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hira Yadav, S/o. Late Jangbahadur Yadav, R/o. Village- Dumariya, Naya Tola, P.S.- Bairiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No. 7 For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

65 litres of sprit kept in two jerkins is said to have been recovered at the place of occurrence being transported by three accused persons who managed to escape barring the petitioner.

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

Patna High Court Cr.Misc. No.52937 of 2018 (2) dt.28-08-2018 2/2 with the seized sprit. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid sprit there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 12.05.2018 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, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 149 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T