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Patna High CourtCR. MISC./23889/2018bail granted

Sunil Kumar Yadav v. The State Of Bihar

2018-04-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23889 of 2018 Arising Out of PS. Case No.-619 Year-2017 Thana- BANKA District- Banka ====================================================== Sunil Kumar Yadav Son of Jaydrath Yadav Resident of Village- Kadhar, P.S. Katoria (Jaipur), 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 :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Banka P.S. Case no. 619 of 2017 registered under Section 30(a), 35(c) of Bihar Prohibition & Excise Act-2016.

54 lts. of foreign liquor is said to have been recovered from a tractor and petitioner who happens to be its driver managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.23889 of 2018(2) dt.30-04-2018 2/2 from its tractor while he had gone to some other place parking the said tractor at the place of occurrence. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 13.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds 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 Banka P.S. Case no. 619 of 2017.

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