Ram Nath Yadav @ Chhote v. The State Of Bihar

Patna High Court Cr.Misc. No.47845 of 2018 (2) dt.06-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47845 of 2018 Arising Out of PS.Case No. -145 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ====================================================== Ram Nath Yadav @ Chhote, S/o. Late Sharda Yadav, Resident of VillageBahadurpur, P.S. Taraiya Sujan, District- Kushinagar (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== 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) of the Bihar Prohibition and Excise Act, 2016.

43.200 liters of foreign liquor is said to have been recovered from motorcycle and petitioner was apprehended riding the aforesaid motorcycle and other accused managed to escape. 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 police merely on suspicion while he was passing through the place

Patna High Court Cr.Misc. No.47845 of 2018 (2) dt.06-08-2018 of occurrence at the time of occurrence and the real culprit managed to escape dumping the aforesaid liquor there seeing the personnel of Excise Department. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 28.06.2018.

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 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Gopalganj in connection with Excise case No. 145 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T