Anil Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25107 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- CHHABILAPUR District- Nalanda ======================================================

1. Anil Kumar, S/o Harihar Singh, R/o Vill.- Mustafapur, P.S.- Khudaganj, District- Nalanda.

2. Jyoti Kumar @ Modi Kumar S/o Rambriksh Prasad, R/o Vill.- Makhdumpur, P.S.- Khudaganj, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kiran Sinha For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Chhabilapur P.S. Case no. 13 of 2018 registered under Section 30(a) and 38(I) of Bihar Prohibition & Excise Act-2016. 55 lts. of country made liquor 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 liquor. They have been falsely implicated in the

Patna High Court Cr.Misc. No.25107 of 2018(2) dt.01-05-2018 2/2 case at the instance of their enemy by planting the aforesaid recovery from their possession. The seizure list does not bear the signature of the petitioners. They have no criminal antecedent. They have been languishing in custody since 11.03.2018.

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 6th Addl. District & Sessions Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Chhabilapur P.S. Case no. 13 of 2018.

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