Vijay Kumar Rai @ Vijay Kumar Ray And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42985 of 2018 ======================================================
1. Vijay Kumar Rai @ Vijay Kumar Ray, S/o Sitaram Rai @ Sitaram Ray,
2. Shivjee Rai @ Shivji Ray S/o Late Raghuveer Rai @ Late Raghunath Ray, Both are R/o Vill.- Rasalpur, Ward No. 9, P.S.- Dumra, DistrictSitamarhi. .... .... Petitioners.
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
27.360 liters of Nepali Saufi wine is said to have been recovered from the joint possession of the petitioners. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in this case at the instance of their enemy by planting the aforesaid recovery from their possession. There is violation of Section 100
Patna High Court Cr.Misc. No.42985 of 2018 (02) dt.17-07-2018 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 11.06.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Case No. C-2/323 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T