Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27246 of 2018 Arising Out of PS.Case No. -784 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Munna Yadav, Son of Late Pukar Yadav, Resident of VillageKelhanpur, Police Station- Bihta, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The petitioner and one another accused Bir Bahadur Kumar are said to have swam away the river by dumping 55 liters of country made liquor on the bank of the river seeing the police party.

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

Patna High Court Cr.Misc. No.27246 of 2018 (02) dt.03-05-2018 2/ 2 with the seized liquor. He was not apprehended on the spot. He has been falsely implicated in this case by the Chaukidar and others due to animosity. He has no criminal antecedent and has been languishing in custody since 16.03.2018. Similarly situated co-accused, namely, Ramesh Chaudhary has been enlarged on bail in Cr. Misc. No.61518 of 2017 vide order dated 21.12.2017. In the facts and circumstances of the case, 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 Special Judge Excise, Patna in connection with Bihta P.S. Case No.784 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T