Bhagwan Dev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29198 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -GHANSHYAMPUR District- DARBHANGA ====================================================== Bhagwan Dev Yadav S/o Late Makeshwar Yadav, R/o Vill./MohallaGodhail, P.S.- Ghanshyam Pur, Distt.- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 / 273 of the Indian Penal Code and Sections 30(a)/38(1) of the Bihar Prohibition and Excise Act, 2016.
104.25 litres of foreign liquor is said to have been recovered from the wheat field located at rear side of Bijhara Mandir in village Godhel and petitioner was apprehended in the course of escaping from the aforesaid place while another accused namely Arvind Yadav managed to escape..
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.29198 of 2018 (4) dt.02-07-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. The place of recovery is open place. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 16.03.2018.
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 4th Additional Sessions cum Special 1st Judge, Darbhanga in connection with Ghanshyampur P.S. Case No. 27 of 2018 in G.O. case No. 255 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T