Mayank Bajaj And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7398 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================
1. Mayank Bajaj, S/o Sri Inder Bajaj,
2. Sumit Bajaj S/o Sri Inder Bajaj, Both R/o Village- Near Mother Private School Hisar Ke Pass, P.S.- Civil Line (Hisar), district- Hisar (Hariyana). .... .... Petitioners.
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Jurawanpur P.S. Case No.04 of 2017 registered under Section 30 (a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.
520 liters of foreign liquor is said to have been recovered from the house of Bindeshwar Rai and petitioners are said to be involved in the business of vending of the said liquor with the Bindeshwar Rai.
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.7398 of 2018 (02) dt.13-02-2018 2/ 2 falsely implicated in this case. They are neither concerned with the business of seized liquor nor with the Bindeshwar Rai. They are resident of Haryana and have been falsely roped in the case by the police at the instance of their enemies. Though one case under Excise Act has been lodged against the petitioners but they are on bail in the said case. They have been languishing in custody since 11.11.2017. The said Bindeshwar Rai from whose house the aforesaid liquor was seized has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.54707 of 2017 vide order dated 12.12.2017.
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 Additional Sessions Judge-II-cum-Special Judge Excise, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No.4 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T