Girdhari Yadav @ Ghirdhari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53940 of 2018 Arising Out of PS.Case No. -242 Year- 2018 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Girdhari Yadav @ Ghirdhari Kumar, S/o. Shiv Balak Rai @ Shiv Balak Bhagat, R/o. Village- Adharpur, P.S.- Samastipur Muffasil, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Thakur Bikram Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 Sections 30, 36, 38, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

393.480 litres of foreign liquor is said to have been recovered from the newly built Anganwari Kendra which is said to have been kept there by the petitioner and two other accused persons who managed to escape seeing the police personnel from the aforesaid place.

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

Patna High Court Cr.Misc. No.53940 of 2018 (2) dt.31-08-2018 2/2 either with the seized liquor or with the place of recovery or any trade of liquor. The identity and genuineness of the sources of information has not been mentioned in the written report of the informant. He was not apprehended on the spot. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 12.07.2018. Similarly situated coaccused persons, namely, Mukesh Rai and Vijay Bhagat have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.08.2018 passed in Cr. Misc. No. 50689. 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 ADJ-VI cum Special Judge, Excise, Samastipur in connection with Samastipur Muffasil P.S. Case No. 242 of 2018.

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