Lalit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42304 of 2018 ====================================================== Lalit Yadav, Son of Ram Prasad Yadav, Resident of Village- Jay Nagar, P.S. Manigachhi, District- Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

1669 litres of foreign liquor is said to have been recovered from the locked room of the Middle School, Chak Basawan which is said to have been rented out to the contractor Sanjay Jha by the Headmaster of the School, Budhi Nath Jha for storing cement. Name of the petitioner has surfaced in the case as one of the dealer of the said liquor on the basis of the disclosure made by the villagers.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.42304 of 2018 (2) dt.13-07-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure made by the villagers. Identity and genuiness of the source of information has not been mentioned in the self statement. Petitioner was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 22.05.2018. Headmaster of the school Budhi Nath Jha and coaccused Pankaj Jha have been enlarged on bail by this court vide order dated 29.06.2018 and 21.06.2018 passed in Cr. Misc. Nos.

35446 of 2018 and 34673 of 2018 respectively. 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-IV cum Special Judge, Darbhanga in connection with Manigachhi P.S. Case No. 101 of 2018.

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