Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61482 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ====================================================== Pawan Yadav @ Pawan Kumar Yadav, Son of Babulal Yadav, Resident of Village-Babupur P.S. Sabour, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rail (Bhagalpur) P.S. Case No. 135 of 2017 instituted for the offences under Section 30(a) of the Excise Act, 2016. The allegation is regarding recovery of 61 liters of illicit liquor from a compartment of the Railway bogie. The learned counsel for the petitioner submits that no recovery has been effected from the conscious possession of the petitioner and he was only a co-passenger in the said train. The learned counsel further submits that the petitioner has a clean antecedent and he is in custody since 11.07.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a

Patna High Court Cr.Misc. No.61482 of 2017 (2) dt.21-12-2017 2/2 clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhagalpur in connection with Rail (G.R.P.) Bhagalpur P.S. Case No. 135 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T