Uday Sankar Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9015 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- BARACHATTI District- Gaya ======================================================
1. Uday Sankar Rai, S/o Gopal Ray, R/o Village and P.S.- Jurawanpur, District- Vaishali.
2. Awadhesh Prasad Singh S/o Nabdip Singh, R/o VillageFalhanwa, P.S.- Harnaut and District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2 For the Opposite Party/s :
Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Barachatti P.S. Case no. 8 of 2018 registered under Sections 30(a), 38, 47 of the Bihar Excise and Prohibition Act 2016.
60 lts. of country made liquor is said to have been recovered from the Bolero vehicle and petitioner no. 1 (Uday Sankar) who happens to be driver while petitioner no. 2 (Awadhesh Prasad Singh) its commuter were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. They have been falsely implicated in the
Patna High Court Cr.Misc. No.9015 of 2018(2) dt.17-02-2018 2/2 case at the instance of their enemies by planting the aforesaid recovery from the car. The aforesaid recovery also stands ruled out due to non-presence of the signature of the petitioners on the seizure list. They have no criminal antecedent. They have been languishing in custody since 05.01.2018.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya in connection with Barachatti P.S. Case no. 8 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T