Navin Kumar @ Babua @ Baua And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35441 of 2018 Arising Out of PS. Case No.-235 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Navin Kumar @ Babua @ Baua son of Ramchandra Rai resident of village - Rajaura, P.S. - Muffasil, District - Begusarai.

2. Gopal Kumar son of Rajeshwar Prasad Singh resident of village - Bhairwar, P.S. Muffasil, District Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Muffasil P.S. Case No. 235 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act-2016.

43.88 lts. of foreign liquor is said to have been recovered from old hut of the petitioner Navin Kumar @ Babua @ Baua and both petitioners were apprehended from the said place.

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

Patna High Court Cr.Misc. No.35441 of 2018(4) dt.16-07-2018 2/2 concern with the seized liquor. The hut of the petitioner, namely, Navin Kumar @ Babua @ Baua is inhabited by his several other family members and he had no knowledge of keeping of liquor in the said hut while the petitioner no. 2 Gopal Kumar was sitting outside the hut and has been falsely implicated in this case by the police merely on suspicion. Though one more criminal case has been lodged against each of the petitioners, but they are on bail in the said cases. They have been languishing in custody since 9.05.2018.

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 A.D.J.-II-cum-Special Judge, Excise Act, Begusarai in connection with Muffasil P.S. Case No. 235 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T