Patna High CourtCR. MISC./20026/2018bail granted

Dhiraj Kumar And ANR v. The State Of Bihar

2018-04-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20026 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -KADAMKUAN District- PATNA ======================================================

1. Dhiraj Kumar, S/o Surendra Prasad, R/v Harla , P.S.- Kadirganj, Distt.- Patna at present tenant of Mukesh Singh, Purvi Luxmi Nagar, Khemnichak, P.S.- Ram Krishna Nagar, Distt.- Patna.

2. Satendra Kumar @ Sonu S/o Prabhash Prasad, R/v Teliyapar, P.S.- Punpun, Distt.- Patna at present tenant of Salik Mahto, Luxmi Nagar Khemnichak, P.S.- Ram Krishna Nagar, Distt.- Patna. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Kadam Kuan P.S. Case No.37 of 2018, Special Case No.430 of 2018 registered under Section 30/38 of the Bihar Prohibition and Excise Act, 2016. 20 liters of foreign liquor is said to have been recovered from the possession of the petitioners and petitioners were 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 been

Patna High Court Cr.Misc. No.20026 of 2018 (02) dt.11-04-2018 2/ 2 falsely implicated in this case at the instance of their enemies. They have no concern with the seized liquor. They have no criminal antecedent. They have been languishing in custody since 17.01.2018.

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 Special Judge Excise, Patna in connection with Kadam Kuan P.S. Case No.37 of 2018.

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