Talha Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41940 of 2017 Arising Out of PS.Case No. -349 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Talha Khan Son of Naimuddin Khan

2. Hasin Manjir @ Hashin Manzer Son of Jubair Alam Both Resident of Village- Murhu, P.S. Murhu, District- Khunti(Jharkhand). .... .... Petitioners

Versus

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

For the Petitioner/s : Ms. Anita Kumari For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Excise Case No. 349 of 2017 registered for the offences punishable under Section 30(a) of Bihar Excise Act.

Allegation against the petitioners is of recovery of 390 litres of country made liquor from Bolero vehicle and accused persons were apprehended from the vehicle.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and nothing has been recovered from their possession and they are in custody since 18.7.2017 having no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.41940 of 2017 (3) dt.12-09-2017 2/2 Having heard both sides and in view of facts and circumstances, this application is disposed of with a direction to the court below that once charge has been framed in this case against the petitioners or petitioners complete five months in judicial custody, the court below will release the petitioners on bail, if application for bail is filed on their behalf, to its satisfaction.

(Vinod Kumar Sinha, J) spal/- U