Prince Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20736 of 2018 Arising Out of PS.Case No. -349 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Prince Kumar, S/o Sri Baban Singh, R/o Village- Jagdeo Nagar, Baulia Road, Ward no. 35, P.S.- Sasaram (Town), District- Rohtas.

2. Bhola Kumar S/o Bideshi Sah, R/o Ghasauti Bhawan (Makan Malik Upendra Singh), Nuranganj, Durga Mandir, Ward No. 32, P.S.- Sasaram (Town), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate. For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Sasaram (Darigaon) P.S. Case No. 349 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 litres of country made liquor is said to have been recovered from the motorcycle of the petitioners and the petitioners was apprehended.

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 no

Patna High Court Cr.Misc. No.20736 of 2018 (2) dt.16-04-2018 2/2 concern with the seized liquor. As a matter of fact, the aforesaid liquor was recovered near the tree in Tarachandi Manjarkund and the petitioners who were passing through the aforesaid place on their motorcycle were falsely implicated in the case by the police merely on suspicion. They have no criminal antecedent. They have been languishing in custody since 26.02.2018. Considering the facts aforesaid, 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 District and Sessions Judge cum Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 349 of 2018.

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