Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54822 of 2017 Arising Out of PS. Case No.-50 Year-2017 Thana- NIRMALI District- Supaul ====================================================== Bechan Yadav, Son of Late Devan Yadav, Resident of Village- KewataPatti, Rasuaar, P.S.- Marouna, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. MANOJ KUMAR - 1 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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

As per allegation set out in the first information report, 180 litres Nepali country made liquor was recovered from a tempo. Two persons were boarding the tempo and after seeing the police party, they managed to escape. It is contended that petitioner has been named in the F.I.R. only on the basis of suspicion that several times he along with other co-accused person has approached the place of recovery and they were also found talking on mobile with accused persons. Petitioner claims that he is having clean antecedent and is in custody since

Patna High Court Cr.Misc. No.54822 of 2017(2) dt.23-11-2017 2/2 07.06.2017, i.e., for about more than four months and it appears that there is no recovery of any illicit liquor from the personal possession of the petitioner.

Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. II, Supaul in connection with S.T. Excise 575/17 arising out of Nirmali P. S. Case No. 50/17. Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

(Dr. Ravi Ranjan, J) Sanjay/- U T