Ranjit Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45504 of 2018 Arising Out of PS.Case No. -178 Year- 2018 Thana -JOKIHAT District- ARRARIA ======================================================

1. Ranjit Choudhary, Son of Sri Baldeo Choudhary, resident of MohallaTharia, Ward No. 3, P.S.- Kishanpur and District- Supoul.

2. Sonu Choudhary, Son of Sri Jageshwar Choudhary, resident of MohallaParsai, Ward No. 8, P.S.- Bhatni, and District- Madhepura. .... .... Petitioners.

Versus

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

For the Petitioners : Mr. Deepak Kumar Sinha, Adv. For the Opposite Party : Mr. Damodar Prasad Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 Sections 273/34 of the Indian Penal Code and under Sections 30 (a) and 38 (i) of the Bihar Prohibition and Excise Act, 2016.

90 liters of foreign liquor is said to have been recovered from the dickey of the Maruti Suzuki car and the petitioners sitting in the said car 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 either with the seized liquor or the car in question. They happen to be

Patna High Court Cr.Misc. No.45504 of 2018 (2) dt.26-07-2018 /2 simple commuters and had no knowledge of keeping of the said liquor in the dickey of the car while the driver-cum-owner of the car managed to escape leaving the liquor laden car seeing the police party. They have been falsely implicated in this case by the police merely on suspicion. They have no criminal antecedent and have been languishing in custody since 15.06.2018. In the facts and circumstances of the case, 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 Judge-II, Araria in connection with Jokihat P.S. Case No. 178 of 2018.

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