Raj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42302 of 2018 Arising Out of P.R. Case no. 34 of 2018 District- Patna ======================================================

1. Raj Kumar S/o Late Anarjit Choudhary, R/o Vill.- Nawada Khurd , P.S.- Ganga Bridge, District- Vaishali.

2. Awan Mahto S/o Dasai Mahto, R/o Vill.- Jadua Kanpura, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with P.R. Case no. 34 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act-2016.

150 lts. of toddy is said to have been recovered from motorcycle and petitioners sitting in the said motorcycle 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 toddy. They have been falsely

Patna High Court Cr.Misc. No.42302 of 2018(3) dt.18-07-2018 2/2 implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid toddy there seeing the police party. They have no criminal antecedent. They have been languishing in custody since 25.04.2018.

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), Patna in connection with P.R. Case no. 34 of 2018.

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