Kari Yadav @ Maheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48110 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ====================================================== Kari Yadav @ Maheshwar Yadav S/o Late Bhola Yadav resident of Village - Selra, P.S. - Jaynagar, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

603 litres of Nepali liquor is said to have been recovered from the Maruti car and the petitioner and its trafficker managed to escape taking the benefit of murk. 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 vehicle in question or any trade

Patna High Court Cr.Misc. No.48110 of 2018 (2) dt.07-08-2018 2/2 of liquor. He has been falsely remanded in this case from Jaynagar P.S. Case No. 201 of 2018 blaming him as smuggler of the liquor and he has been enlarged on bail in the aforesaid case by the learned lower court. He was not apprehended on the spot. He has been languishing in custody since 15.05.2018. Similarly situated co-accused, namely, Shambhu Yadav has been enlarged on bail by this court vide order dated 03.08.2018 passed in Cr. Misc. No. 47600 of 2018.

Considering the facts aforesaid, 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 Addl. District and Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 197 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T