Arun Chaudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33780 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================
1. Arun Chaudhary, S/o Late Ganga Chaudhary,
2. Ram Naresh Ram S/o Rameshwar Ram, Both are r/o Dwarikapur, P.S.- Sakara, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 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 Sections 419, 420, 120B of the Indian Penal Code and Section 30 (a), 32 (2), 41 (1) of the Bihar Prohibition and Excise Act, 2016.
259.200 liters of foreign liquor is said to have been recovered from the Pickup Van kept in the cartons beneath the garlic bags of the Dalla of the vehicle.
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 with
Patna High Court Cr.Misc. No.33780 of 2018 (03) dt.27-06-2018 - 2 - the seized liquor. They happens to be driver and Khalasi of the aforesaid vehicle and were simply plying the vehicle at the instruction of their owner without knowing keeping of the liquor in cartons beneath the garlic bags in the aforesaid vehicle by its owner. They have been falsely implicated in this case at the instance of their enemy. They have no criminal antecedent and have been languishing in custody since 26.3.2018. 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 2nd Additional Sessions Judge-cum-Special Judge Excise, Vaishali at Hajipur in connection with Baligawn P.S. Case No.12 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T