Dilip Roy And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22072 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -JOGBANI District- ARRARIA ======================================================

1. Dilip Roy, son of Late Bidyanand Roy,

2. Yogendra Roy, son of Late Sukhdeo Roy, Both are Resident of VillageDhamdaha, Ward No. 12, P.S.- Jogbani, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Smt. Sahin Begam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Jogbani P.S. Case No. 49 of 2018 registered under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

17.250 litres of foreign liquor and 108 litres of country made liquor are said to have been recovered from the possession of the petitioners while three accused persons managed to escape dumping the bag containing the aforesaid liquor. 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.22072 of 2018 (2) dt.17-04-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case merely on suspicion while they were passing through the place of occurrence at the time of occurrence as the miscreants carrying the aforesaid liquor managed to escape dumping the same on the road side. They have no criminal antecedent. They have been languishing in custody since 27.02.2018. 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 Addl. Sessions Judge, Araria in connection with Jogbani P.S. Case No. 49 of 2018 corresponding to Spl. Case No. 291 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T