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Patna High CourtCR. MISC./43510/2018bail granted

Rajdeo Yadav @ Raju Yadav v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43510 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -SISWAN District- SIWAN ====================================================== Rajdeo Yadav @ Raju Yadav, s/o Ramdeo Yadav, r/o Gamhari Tola, P.S.- Sahatwar, District-Ballia (U.P.), presently residing at Bhagar Diyara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Utsav Kumar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Siswan P.S. Case No. 18/2018, registered for the offences punishable under Sections 30(A), 38(1) of Bihar Excise Act, 2016 and Sections 272, 273 of the Indian Penal Code.

13.200 liters of country made liquor is said to have been recovered from near Bhagar Diyara bridge, which is said to have been kept there by the petitioner.

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 no concern either with the seized liquor or the place of recovery. The place of

Patna High Court Cr.Misc. No.43510 of 2018 (2) dt.18-07-2018 2/2 recovery is an open place and is accessible to anyone. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 19.04.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge, Siwan, in connection with Siswan P.S. Case No. 18/2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T