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Patna High CourtCR. MISC./2030/2018bail granted

Ramu Mishra And ANR v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2030 of 2018 Arising Out of PS.Case No. -329 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Ramu Mishra, S/o Prabhunath Mishra, Village- Koinaha, P.S.- Tareya Sujjan, District- Kushinagar (U.P.)

2. Akash Rai, S/o Jaiprakash Rai, Village- Daniyari, P.S.- Tareya Sujjan, District- Kushinagar (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bishwajeet Singh, Adv. For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Kuchaikote P.S. Case No.329 of 2017 registered under Section 30 (a), (b) & (c) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 35.200 liters of country made liquor is said to have been recovered from the possession of the petitioners during the course of patrolling. 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 been falsely implicated in this case. They have no criminal antecedent.

Patna High Court Cr.Misc. No.2030 of 2018 (02) dt.23-01-2018 2/ 2 The petitioners have been languishing in custody since 30.11.2017. .

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 2nd Additional Sessions Judge, Gopalganj, in connection with Kuchaikote P.S. Case No. 329 of 2017.

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