Rameshwar Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13352 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Rameshwar Choudhary, Son of Late Janak Choudhary, Resident of Village- Sukki, P.S.- Patepur, District- Vaishali, at present resident of Mohalla- Nandpuri, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur.

2. Ashok Kumar, Son of Basudeo Prasad Singh, Resident of VillageAmnaur, P.S.- Amuour, District- Saran at present resident of MohallaShramjeevee Nagar Bhagwanpur, P.S.- Sadar, District- Muzaffarpur.

3. Niraj Kumar, Son of Sanjay Raut, Resident of Village- Pachvinda, P.S.- Tariya, District- Saran at present resident of Mohalla- Shramjeevee Nagar Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Muzaffarpur P.S. Case No.08 of 2018 registered under Section 272 & 273 of the Indian Penal Code and Section 30 (a), 38 (2), 41 (1) & 47 of the Bihar Prohibition and Excise Act, 2016.

137.92 liters of foreign liquor is said to have been recovered from the house of one Panditjee and petitioners were apprehended.

Patna High Court Cr.Misc. No.13352 of 2018 (02) dt.07-03-2018 2/ 2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioners. The petitioners happen to be tenant of the said house and have no concern with the seized liquor. They have been falsely implicated in this case at the instance of their enemies. They have no criminal antecedent. They have been languishing in custody since 06.01.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No.08 of 2018.

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