Laxman Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27380 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Laxman Thakur, S/o Naresh Thakur, R/o Vill.- Bairiya, P.S.- Piparahi, District- Sheohar.

2. Rajesh Kumar S/o Chandrika Singh, R/o Vill.- Bairiya, P.S.- Piparahi, District- Sheohar.

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

22.200 liters of Nepali saufi wine is said to have been recovered from the motorcycle of the petitioners and petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the motorcycle in question.

Patna High Court Cr.Misc. No.27380 of 2018 (02) dt.03-05-2018 2/ 2 The aforesaid liquor was abandoned by some miscreants at the place of occurrence. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent and have been languishing in custody since 19.03.2018.

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 Additional District Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Case No.C2/163/18.

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