Vivek Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47207 of 2018 Arising Out of PS.Case No. -222 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Vivek Kumar, S/o. Sachinder Thakur, R/o. Village- Sulsabad, P.S.- Mehsi, District- East Champaran.

2. Vivek Kumar, Son of Ganesh Prasad, Resident of VillageGhariyarichak, P.S.- Mehsi, District- East Champaran.

3. Suman Paswan, S/o. Late Ramdeo Paswan, Resident of VillageGhariyarichak, P.S.- Mehsi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 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 30, 37(d) and 38 of the Bihar Prohibition and Excise Act, 2016.

15 liters of toddy is said to have been recovered from the litchi orchard of Chunnu Mishra and petitioners were apprehended in the course of escaping from the aforesaid place. 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

Patna High Court Cr.Misc. No.47207 of 2018 (2) dt.02-08-2018 2/2 with the seized toddy or the place of recovery. Place of recovery is open place and easily accessible to anyone. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. There is violation of Section 100 Cr.P.C. The seizure list does not bear the signature of petitioners. They have no criminal antecedent and have been languishing in custody since 27.06.2018.

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 Special Judge Excise Act, East Champaran at Motihari in connection with Mehsi P.S. Case No. 222 of 2018.

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