Gopal Yadav @ Vicky Yadav @ Rohan Yadav @ Gopal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83066 of 2019 Arising Out of PS. Case No.-291 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== GOPAL YADAV @ VICKY YADAV @ ROHAN YADAV @ GOPAL Son of Bijay Prasad Yadav @ Vijay Yadav @ Dinesh Kumar Yadav Resident of Mohalla - Morcha Road, P.S.- Chowk, Distt - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Mouar, Advocate.
For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
65 litres of country made liquor is said to have been recovered from the rear side of the house of the petitioner. 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 place of recovery or any trade of liquor. He has been falsely implicated in the case at the
Patna High Court CR. MISC. No.83066 of 2019(2) dt.16-12-2019 2/2 instance of his enemy. Place of recovery is open place and is easily accessible to all. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 28.09.2019. 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, Patna in connection with Special Case No. 7632 of 2019 arising out of Chowk P.S. Case No. 291 of 2019. (Prakash Chandra Jaiswal, J) mantreshwar/- U T