Patna High CourtCR. MISC./2706/2018bail granted

Jayant Kumar @ Chunnu Kumar And ANR v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2706 of 2018 Arising Out of PS.Case No. -685 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Jayant Kumar @ Chunnu Kumar, S/o Late Nand Kishore Sharma,

2. Ajeet Kumar S/o Soradham Sharma, Both R/o Village- Nema, P.S.- Pipra, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Arun Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Special Case No. 7456 of 2017 read with Phulwari Sharif (Janipur) P.S. Case No. 685 of 2017 registered under Sections 37(c) and 30(a) of the Bihar Liquor Prohibition and Excise Act, 2016 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

In course of checking of the vehicle, petitioners were apprehended along with the motorcycle and on search of the person of the petitioners, three live cartridges were recovered from possession of petitioner no.1 Jayant Kumar @ Chunnu Kumar and five litres of country made liquor was recovered from the motorcycle.

Patna High Court Cr.Misc. No.2706 of 2018 (2) dt.24-01-2018 2/2 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have been falsely implicated in the case at the instance of their enemies. Without any firearm, cartridge is of no use. The petitioners have no criminal antecedent. They have been languishing in custody since 29.10.2017.

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) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 7456 of 2017 read with Phulwari Sharif (Janipur) P.S. Case No. 685 of 2017.

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