Satyendra Kumar @ Satyendra Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38341 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- JAMOBAZAR District- Siwan ======================================================

1. Satyendra Kumar @ Satyendra Kumar Yadav, Son of Janak Yadav,

2. Chhotu Kumar @ Chhotu Kumar Yadav, Son of Suresh Yadav, Both resident of Village- Bahadurpur, Police Station- G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Jamo Bazar P.S. Case No. 65 of 2018 registered under Sections 272, 273, 308, 420, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition Excise Act-2016.

42.650 lts. of foreign liquor is said to have been recovered from open land of Gauri Shankar and petitioners were apprehended in the course of escaping from the aforesaid place while other accused persons managed to escape. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from

Patna High Court Cr.Misc. No.38341 of 2018(2) dt.02-07-2018 2/2 conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the place of recovery. The place of recovery is open place. They have been falsely implicated in this case by the police while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 30.04.2018.

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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Jamo Bazar P.S. Case No. 65 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T