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Patna High CourtCR. MISC./41429/2018bail granted

Sunil Kumar And ANR v. The State Of Bihar

2018-07-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41429 of 2018 Arising Out of PS.Case No. -270 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Sunil Kumar, Son of Sobhi Sahni @ Sobha Sahni.

2. Kanhai Sahni, Son of Bindeshwar Sahni, Both resident of village - Jihuli, P.S.-Patahi, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres 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 the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent.

Patna High Court Cr.Misc. No.41429 of 2018 (2) dt.11-07-2018 2/2 They have been languishing in custody since 10.05.2018. Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. C-2/270 of 2018.

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