Kanchan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79343 of 2018 Arising Out of PS. Case No.-583 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Kanchan Yadav Son of Harihar Yadav Resident of village- Raghu Hata,Police Station-Siwan Muffasil, District- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 583 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 40(i) of the Bihar Prohibition of Excise Act, 2016. 336 litres of foreign liquor is said to have been recovered from bush located beside bathan of the petitioner. Petitioner and co-accused Chananjay Kumar are said to have escaped from the aforesaid place.
It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He is quite
Patna High Court Cr.Misc. No.79343 of 2018(2) dt.18-01-2019 2/2 innocent and has been falsely implicated in this case. He has no concern with the seized liquor. Place of occurrence is an open place easily accessible to all. He was not apprehended on spot. He has been languishing in custody since 5.11.2018. On the other hand learned Spl. PP opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cum-Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. Case No. 583 of 2018. (Prakash Chandra Jaiswal, J) sushma/- U T