Biru Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35202 of 2018 ====================================================== Biru Yadav, S/o Dwarika Yadav, Resident of Village- Ballopur, Police Station- Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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 Section 30/30 (a) of the Bihar Prohibition and Excise Act, 2016.

44.500 liters of foreign liquor is said to have been recovered from the rear side of the house of the petitioner and the petitioner 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 either with the seized liquor or the place of recovery. The place of recovery is an open place and easily accessible to anyone. He was not apprehended on the spot. He has no criminal antecedent and

Patna High Court Cr.Misc. No.35202 of 2018 (2) dt.22-06-2018 - 2 - has been languishing in custody since 28.04.2018. 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 A.D.J. 2nd, Jamui in connection with Jamui P.S. Case No. 137 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T