Chunmun Pal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34466 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Chunmun Pal,
2. Laljee Singh @ Lal Jee Singh, S/o Late Ram Prasad Singh, Both R/o Village Siyadih, Muradabad, P.S. Sasaram (M), District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
820.800 litres of foreign liquor is said to have been recovered from the pickup van and petitioners were apprehended in the course of escaping from the said 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 either with the seized liquor or with the vehicle in
Patna High Court Cr.Misc. No.34466 of 2018 (4) dt.11-07-2018 2/2 question. They happen to be passerby and have been falsely implicated in the case by the police merely on suspicion. Seizure list does not bear the signature of the petitioners. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 09.03.2018. Considering the facts aforesaid, 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 Addl. Sessions Judge-II cum Special Judge, Excise, Rohtas, Sasaram in connection with Shivsagar P.S. Case No. 86 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T