Amir Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42070 of 2018 Arising Out of PS. Case No.-284 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================
1. Amir Sah, S/o Late Mohammaddin Sah.
2. Jai Kishore Ram, S/o Late Jageshwar Sah.
Both are R/o Vill-Lahuriya, P.S. Bela, Distt-Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Case no. C2/284 of 2018 registered under Section 30(A) of Bihar Prohibition and Excise Act 2016.
322.875 lts. of Neapli wine is said to have been recovered from possession of the petitioners and from the heap of straw and they were apprehended while 11 accused persons managed to escape.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no
Patna High Court Cr.Misc. No.42070 of 2018(2) dt.12-07-2018 2/2 concern either with the seized liquor or with the place of recovery. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor. It is not possible to carry the aforesaid quantity of liquor on their head. They have no criminal antecedent. They have been languishing in custody since 14.05.2018.
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 A.D.J.-II-cum-Special Judge, Excise, Sitamarhi in connection with Case no. C2/284 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T