Shyambabu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23728 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- BARGANIA District- Sitamarhi ======================================================

1. Shyambabu Sah, S/o Kishun Sah,

2. Nagendra Mahto, S/o Sukhram Mahto, R/o Village- Pachtaki Ram, P.S.- Bairgania, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Bairgania P.S. Case no. 29 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 20.100 lts. of Nepali Saufi wine is said to have been recovered from the motorcycle of the petitioners and they were apprehended.

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 no concern with the seized article. They have been falsely implicated in the

Patna High Court Cr.Misc. No.23728 of 2018(2) dt.30-04-2018 2/2 case at the instance of their enemy by planting the aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 23.02.2018.

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 A.D.J-II-cum-Special Judge, Excise, Sitamarhi in connection with Bairgania P.S. Case no. 29 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T