Sikandra Das @ Sikandar Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45976 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -PALANWA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sikandra Das @ Sikandar Das, Son of Bhola Das,

2. Mukesh Kumar, Son of Dewnath Sah.

3. Shatrudhan Sah, Son of Upendra Sah.

4. Raj Kiran, Son of Mohan Das, All resident of Village- Jhaua, Police Station- Pokhariya, District- Parsa (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 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 272, 273 & 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 35.4 liters of Nepali liquor is said to have been recovered from the motorcycle of the petitioners and petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article have been recovered from the conscious physical possession of the petitioners. They have no concern with

Patna High Court Cr.Misc. No.45976 of 2018 (2) dt.30-07-2018 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. They have no criminal antecedent and have been languishing in custody since 30.05.2018. 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 Special Judge Excise Act, East Chmparan, Motihari in connection with Palanwa P.S. Case No. 54 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T