Santosh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45646 of 2018 ====================================================== Santosh Prasad Yadav, Son of Devendra Prasad @ Devendra Prasad Yadav, resident of village - Bela Jitpur, P.S.-Jitna, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 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 Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

36 litres of Nepali liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended while two other accused persons 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 said motorcycle. He has been falsely implicated in the case by the police merely on suspicion

Patna High Court Cr.Misc. No.45646 of 2018 (2) dt.27-07-2018 2/2 while he had gone to attend the call of nature on the bank of Tear River and real culprit managed to escape dumping the aforesaid liquor laden motorcycle there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 23.06.2018.

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 Special Judge, Excise, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 169 of 2018.

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