Anuj Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8344 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -GOVINDPUR District- NAWADA ======================================================
1. Anuj Chaudhary, Son of Late Hari Chaudhary, Resident of VillageGovindpur Dih, P.S.- Govindpur, District- Nawada.
2. Rajesh Ram, Son of Jamuna Ram, Resident of Village- Mahabara, P.S.- Govindpur, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== 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 Govindpur P.S. Case No. 146 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
110 liters of country made liquor and 250 Kg. of Swollen Mahua is said to have been recovered from the Mahabara forest and petitioners and another accused person were apprehended while other 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. When they had
Patna High Court Cr.Misc. No.8344 of 2018 (02) dt.16-02-2018 2/ 2 gone to the forest for collecting 'Datun' they were apprehended by the police. They have been falsely implicated in this case. They have no concern either with the seized liquor or with the place of occurrence. They have been languishing in custody since 19.12.2017.
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 Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Govindpur P.S. Case No.146 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T