Rajesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7102 of 2018 Arising Out of PS.Case No. -605 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Rajesh Kumar, Son of Yogendra Prasad, Resident of Godda Near State Bank, P.S. Town Godda, District- Godda (Jharkhand).

2. Jyotish Kumar, Son of Basudeo Prasad Mandal, Resident of VillageGhormara, P.S. Mohanpur, District- Deoghar (Jharkhand). .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Jagdishpur P.S. Case No.605/2017 registered under Section 30A of Bihar Prohibition and Excise Act, 2016.

59.250 liters of foreign liquor is said to have been recovered from the Safari vehicle and petitioners, who are the driver and commuter of the said vehicle were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. The petitioner Jyotish Kumar happens to be the driver of said vehicle while

Patna High Court Cr.Misc. No.7102 of 2018 (2) dt.12-02-2018 2/2 petitioner Rajesh Kumar was its commuter. They have no concern with the alleged seized liquor. They have got no criminal antecedent. The petitioners have been languishing in custody since 21.12.2017.

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 learned Special Judge, Excise, Bhagalpur, in connection with Jagdishpur P.S. Case No.605/2017.

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