Alok Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18544 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- SHERGHATI District- Gaya ======================================================
1. Alok Kumar, Son of Jagdish Paswan,
2. Dilip Kumar, Son of Saryu Saw, Both Resident of Line Mohalla Ward No. 17, Chatra, P.S. + District- Chatra (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha For the Opposite Party/s :
Md. Ansarul Haque ====================================================== 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 Sherghati (Dobhi) P.S. Case no. 79 of 2018 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act-2016.
200 lts. of country made liquor is said to have been recovered from a pick-up van and petitioners who happen to be driver and khalasi of the said vehicle 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 had no knowledge of carrying the
Patna High Court Cr.Misc. No.18544 of 2018(2) dt.26-04-2018 2/2 said liquor in the gunny bag by its commuter on the vehicle who managed to escape seeing the police party. They have no criminal antecedent. They have been languishing in custody since 14.02.2018.
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 Sherghati (Dobhi) P.S. Case no. 79 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T