Munna Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38445 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ======================================================

1. Munna Rai @ Munna Roy S/o Late Uttam Lal Rai

2. Kamal Mahto S/o Late Ram Chandra Mahto Both are residents of Village - Banar Hat, P.S. Banarhat, District Jalpaiguri (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== 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 Purnea C.1 Case no. 258 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act 2016.

20 lts. of foreign liquor is said to have been recovered from the possession of the petitioner Munna Rai while 11.250 lts. of foreign liquor from the possession of petitioner Kamal Mahto.

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.38445 of 2018(2) dt.03-07-2018 2/2 concern with the seized liquor. They have been falsely implicated in this case by the personnel of Excise Department at the instance of their enemies by planting the aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 30.05.2018. 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 Addl. Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Purnea C.1 Case no. 258 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T