Sambhu Kumar Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36921 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- TRIVENIGANJ District- Supaul ======================================================

1. Sambhu Kumar Thakur, Son of Parmeshwar Thakur @ Parmeshwari Thakur.

2. Ramesh Sharma, Son of Siya Ram Sharma, Both are resident of Village- Bela, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Triveniganj P.S. Case No. 217 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016. 160 lts. of foreign liquor is said to have been recovered from tempo while 9 and 3.66 lts. of foreign liquor from two motorcycles parked outside the house of petitioner Shambhu Kumar Thakur and petitioners were apprehended from the road while three 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.36921 of 2018(3) dt.03-07-2018 2/2 conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the vehicle in question. They have been falsely implicated in this case by the police merely on suspicion while the petitioner Shambhu Kumar Thakur was standing at his door and petitioner Ramesh Sharma who happens to be friend of the petitioner Shambhu Kumar Thakur had arrived at his door and was indulged in interacting with him over some matter. The aforesaid liquor is hailing to Pintu Chaudhary who distributes the liquor to several persons for the purpose of vending. They have no criminal antecedent. They have been languishing in custody since 02.06.2018.

In the facts and circumstances of the case, 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. District & Sessions Judge-II-cum-Special Judge, (Excise) Supaul in connection with Triveniganj P.S. Case No. 217 of 2018.

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