Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33582 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Manoj Kumar S/o Shri Raj Singh, R/o Vill.- Rhna, P.S.- Kharkadar, District- Sonipat (Hariyana).

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.34008 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Rajiv Dwas @ Rajiw, son of Dharambir Singh resident of village Gajipur, p.s. Jafarpur District New Delhi

2. Bijendra Singh @ Vijay, Son of late Randhir Singh, resident of village Pipri Kharkudar, P.S. Kharkudar, District Sonipat (Haryana) .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.33582 of 2018) For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 (In Cr.Misc. No.34008 of 2018) For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== 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 a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

102.750 litres of foreign liquor is said to have been

Patna High Court Cr.Misc. No.33582 of 2018 (3) dt.02-07-2018 2/2 recovered from the Honda City car and the petitioner Manoj Kumar was apprehended while 112.5 litres of foreign liquor is said to have been recovered from Bolero and petitioners Rajiv Dwas and Bijendra Singh were apprehended from the said Bolero. 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 Vehicles in question. As a matter of fact, they were standing at Sipha more to take some conveyance and in the meantime, they were apprehended by the police merely on suspicion while real culprit managed to escape seeing the police party leaving the aforesaid liquor laden vehicles there. Petitioners have no criminal antecedent. They have been languishing in custody since 19.04.2018.

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-VII cum Special Judge, Excise, Aurangabad in connection with Daud Nagar P.S. Case No. 126 of 2018.

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