Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50713 of 2018 Arising Out of PS.Case No. -121 Year- 2018 Thana -GOVINDPUR District- NAWADA ====================================================== Binod Yadav, Son of Late Bishundeo Yadav, Resident of VillageManiochak, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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.

20 litres of country made liquor is said to have been recovered from the motorcycle and petitioner and co-accused, namely, Ranjan Kumar were apprehended.

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 with the motorcycle in question. He has been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.50713 of 2018 (2) dt.18-08-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 07.07.2018.

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 Additional District and Sessions Judge- IInd cum Special Judge, Nawada in connection with Govindpur P.S. Case No. 121 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U