Bechan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41495 of 2018 Arising Out of PS. Case No.-658 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ======================================================

1. Bechan Yadav, S/o Bhuneshwar Yadav.

2. Sushil Kumar S/o Krishna Kumar Yadav.

Both R/o Vill-Mahua Yadav Tola, Ward no. 13, P.S. Supaul, Dist-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Special Case no. 658 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act 2016.

179.76 lts. of foreign liquor is said to have been recovered from four wheeler and a person managed to escape from the said vehicle while the petitioners were apprehended. 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 concern either with the seized liquor or with the vehicle in

Patna High Court Cr.Misc. No.41495 of 2018(2) dt.11-07-2018 2/2 question. They happen to be simple passerby and have been falsely implicated in this case by the personnel of Excise Department merely on suspicion while the real culprits managed to escape seeing them. They have no criminal antecedent. They have been languishing in custody since 06.06.2018. 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 Additional Sessions Judge-II-cum-Special Judge, Araria in connection with Special Case no. 658 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T