Ramesh Kumar Yadav @ V. C. R. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47792 of 2018 Arising Out of PS.Case No. -134 Year- 2018 Thana -SUPAUL District- SUPAUL ====================================================== Ramesh Kumar Yadav @ V. C. R., son of Ramavtar Yadav, resident of village Bairo, P.S. Supaul, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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) and 37 (a), (b) (C) of the Bihar Prohibition and Excise Act, 2016.

55.500 liters of country made liquor is said to have been recovered from the two bags kept on the motorcycle of the petitioner and petitioner was 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 has been falsely implicated in this case by the personnel of the Excise Department merely on suspicion while he was passing through the place of occurrence at the time of

Patna High Court Cr.Misc. No.47792 of 2018 (02) dt.06-08-2018 occurrence while the real culprit managed to escape dumping the said liquor there seeing them. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent and has been languishing in custody since 08.06.2018. 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 ADJ-II-cum-Special Judge Excise, Supaul in connection with Supaul P.S. Case No.134 of 2018.

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