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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30639 of 2018 Arising Out of PS.Case No. -201 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================

1. Sanjeev Kumar Yadav @ Sanjeev Yadav S/o Upendra @ O.P. Yadav, R/o Vill.- Goriyari, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Special Case No. 415 of 2017, arising out of Salkhua P.S. Case No. 201 of 2017 for the offences punishable under Section(s) 30(a), 30(d) of the Bihar Prohibition of Liquor and Excise Act, 2016. The allegation is regarding the recovery of 200 liters of illicit liquor from a bamboo orchid outside the house of the petitioner.

The learned counsel for the petitioner submits that in fact no recovery has been made from the conscious possession of the petitioner. It is further submitted that the said bamboo orchid is in open place and any recovery made from the said place cannot be totally attributable to the petitioner. The petitioner is said to be

Patna High Court Cr.Misc. No.30639 of 2018 (2) dt.22-05-2018 2/2 languishing in custody since 13.03.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Saharsa in connection with Special Case No. 415 of 2017, arising out of Salkhua P.S. Case No. 201 of 2017.

(Mohit Kumar Shah, J) Sanjeev/- U T