Brajesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42854 of 2018 ======================================================

1. Brajesh Kumar, Son of Rama Singh, resident of village- Bistaul, Police Station- baikunthpur, District- Gopalganj.

2. Sanjeet Kumar Sony @ Sanjeet Kumar, Son of Nag narayan Sah, resident of Village- Dharmbari, Police Station- Baikunthpur, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== 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.

17.280 litres of foreign liquor is said to have been recovered from the motorcycle and the petitioners riding on the said motorcycle were apprehended.

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 by the police merely on suspicion while they were

Patna High Court Cr.Misc. No.42854 of 2018 (2) dt.17-07-2018 passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police party. They have no criminal antecedent. They have been languishing in custody since 14.06.2018. 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 Additional District & Sessions Judge- II -cum- Special Judge (Excise Act), Gopalganj in connection Baikunthpur P.S. Case No. 141 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T