Patna High CourtCR. MISC./31433/2018bail granted

Sushil Ram And ANR v. The State Of Bihar

2018-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31433 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -PIPRA District- SUPAUL ======================================================

1. Sushil Ram, S/o Prabhu Ram,

2. Shambhu Ram S/o Late Jilebi Ram, Both R/o Vill.- Maheshpur, P.S.- Pipra District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

324 litres of Nepali saufi wine is said to have been recovered from the house of Gopal Chaudhary and petitioners were apprehended from the said house.

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 no concern either with the seized liquor or with the place of recovery.

Patna High Court Cr.Misc. No.31433 of 2018 (2) dt.22-05-2018 2/2 They happen to be labourer working in the house of Gopal Chaudhary at the time of occurrence and have been falsely implicated by the police merely on suspicion. Seizure list does not bear the signature of the petitioners. They have no criminal antecedent. They have been languishing in custody since 27.03.2018.

Considering the facts aforesaid, 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 Addl. Session Judge-II, Supaul cum Special Judge, Excise in connection with S.T. Case No. 27 of 2018 arising out of Pipra P.S. Case No. 41 of 2018.

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