Patna High CourtCR. MISC./23494/2018bail granted

Jitendra Chauhan And ANR v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23494 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. Jitendra Chauhan, S/o Sri Permanand Chauhan,

2. Munna Noniya S/o Sri Jairam Noniya, Both R/o Vill. + P.SBrahapur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Excise Case no. 96 of 2018 registered under Sections 30(a) and 56(d) of Bihar Prohibition & Excise Act-2016.

300 lts. of country made liquor is said to have been recovered from Indigo car and petitioners sitting in the said car 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 liquor. They happen to be simple commuters of

Patna High Court Cr.Misc. No.23494 of 2018(2) dt.26-04-2018 2/2 the vehicle and had no knowledge of keeping the said liquor in the aforesaid vehicle by its driver who managed to escape seeing the excise personnel and police party. They have no criminal antecedent. They have been languishing in custody since 28.02.2018.

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 Special Judge, Excise, Gaya in connection with Excise Case no. 96 of 2018.

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