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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31214 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -BELHAR District- BANKA ====================================================== Vikash Kumar Yadav @ Vikash Kumar Son of Prakash Yadav Resident of Village- Amgardhwa, P.S. Balhar, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

15 litres of country made liquor is said to have been recovered from the hut of the petitioner located on the bank of the river and the petitioner was apprehended.

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 neither any concern with the aforesaid seized liquor or with the place of recovery. He has been falsely implicated in the case merely on

Patna High Court Cr.Misc. No.31214 of 2018 (2) dt.21-05-2018 2/2 suspicion while he was sitting on the bank of river at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 19.03.2018.

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 Addl. Sessions Judge-II, Banka in connection with Belhar P.S. Case No. 71 of 2018.

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