Jai Mohan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22105 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- SHEOHAR District- Sheohar ======================================================

1. Jai Mohan Singh, son of Late Ramdeo Singh,

2. Amit Kumar Singh @ Amit Singh @ Munna Singh, son of Jai Mohan Singh, Both are Resident of Village- Malipokhar Bhinda, P.S. and District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ansarul Haque, APP 159 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sheohar P.S. Case No. 40 of 2018 registered under Section 120B of the Indian Penal Code and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

25.920 liters of foreign liquor is said to have been recovered from the mustard field of the petitioner no. 1, Jai Mohan Singh, and 69.120 liters foreign liquor from the Bolero jeep of the petitioner no. 2, who is son of petitioner no. 1, and they were apprehended.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.22105 of 2018(2) dt.17-04-2018 2/2 petitioners that no incriminating article has been recovered from the conscious possession of the petitioners. So far the petitioner no. 1 is concerned, the recovery is said to be from the open field while regarding petitioner no. 2 wine was recovered from the orchard of Sujai Bhagat. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from their possession. They have been languishing in custody since 01.03.2018.

Considering the facts, aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Sheohar P.S. Case No. 40 of 2018 to the satisfaction of the Additional District & Sessions Judge I-cum-Special Judge, Sheohar. (Prakash Chandra Jaiswal, J) Shamshad/- U