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Patna High CourtCR. MISC./34941/2018bail granted

Baijnath Kumar @ Baij Nath Kumar And ANR v. The State Of Bihar

2018-06-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34941 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================

1. Baijnath Kumar @ Baij Nath Kumar S/o Bindeshar Ray @ Bindeshwar Yadav, Resident of Village- Bhasar Mogalva, Post Bhasar Machha, P.S.- Dumra, District- Sitamarhi.

2. Krishnandan Kumar @ Krishna Nandan Kumar, S/o Shyam Bihari Ray, Resident of Village- Bhasar Mogalva, Post Bhasar Machha, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with G.O. Case no. 85 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

27 lts. of Nepali wine is said to have been recovered from joint possession of the petitioners. 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 have been falsely

Patna High Court Cr.Misc. No.34941 of 2018(2) dt.22-06-2018 2/2 implicated in this case at the instance of their enemy. They have no criminal antecedent. They have been languishing in custody since 12.05.2018.

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, Sitamarhi in connection with G.O. Case no. 85 of 2018.

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