Pandav Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33876 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Pandav Kumar Yadav, son of Surya Nath Yadav, resident of VillageBhelva Tol, P.S.- Jainagar, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 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 & 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 300 liters of Nepali Saufi wine is said to have been recovered from Tata Magic Van and petitioner who happens to be driver of the said vehicle and other co-accused Sudhir Kumar Yadav sitting in the said vehicle were apprehended. 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 with the seized liquor. He happens to be driver of the said vehicle and had
Patna High Court Cr.Misc. No.33876 of 2018 (03) dt.27-06-2018 - 2 - no knowledge of keeping of the said liquor in the vehicle. He was simply plying the vehicle at the instruction of his owner. He has been falsely implicated in this case at the instance of his enemy. The apprehended accused, namely, Sudhir Kumar Yadav has been enlarged on bail by this Court in Cr. Misc. No. 34584 of 2018 vide order dated 21.6.2018.
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 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Jainagar P.S. Case No. 163 of 2018 (G.R. No. 424 of 2018).
(Prakash Chandra Jaiswal, J) Trivedi/- U T