Dablu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8340 of 2018 Arising Out of PS.Case No. -618 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBANKA ======================================================

1. Dablu Sah, Son of Late Kapildeo Mahto.

2. Pintu Kumar, Son of Late Dinesh Mahto.

3. Abadh @ Awadh Patel, Son of Late Suresh Patel. All resident of Village- Mathurapur, P.S.- Khagaria, in the District of Khagaria. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Ashok Kumar Singh -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Excise Complaint Case No.618/2017 registered under Section 30 (k) of the Bihar Prohibition and Excise Act, 2016.

200 liters of country made is said to have been recovered from the Bolero vehicle and the petitioners allegedly sitting in the vehicle were apprehended while one another accused managed to escape.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. As a matter of fact, they had gone to Basukinath to perform worship and while

Patna High Court Cr.Misc. No.8340 of 2018 (02) dt.16-02-2018 2/ 2 they were regressing to their house and arrived near the place of occurrence the personnel of Excise Department falsely implicated them by planting the aforesaid liquor in the vehicle. They have no criminal antecedent. They have been languishing in custody since 16.11.2017. .

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-cum-A.D.J.-II, Banka in connection with Excise Complaint Case No.618 of 2017.

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