Brahmdeo Yadav @ Brahmdeo Prasad And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44796 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- TELHARA District- Nalanda ======================================================

1. Brahmdeo Yadav @ Brahmdeo Prasad, S/o Late Dukhan Yadav.

2. Navlesh Kumar S/o Brahmdeo Yadav @ Brahmdeo Prasad. Both R/o Vill-Manohar Bigha, P.S. Telhara, Distt-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Sinha For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Telhara P.S. Case no. 83 of 2018 registered under Sections 30(a), 30(d) of Bihar Excise and Prohibition Act-2016.

40 lts. of foreign liquor and 50 lts. of country made liquor are said to have been recovered from the house of the petitioners and they were apprehended in the course of escaping from the said house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in this

Patna High Court Cr.Misc. No.44796 of 2018(2) dt.24-07-2018 2/2 due to dirty village politics. The house of the petitioners are joint family house and inhabited by their other family members and they had no knowledge of keeping of liquor in the said house. Seizure list does not bear the signature of the petitioner no. 2. Petitioner no. 2 happen to be student. They have no criminal antecedent. They have been languishing in custody since 20.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Judge Excise, Nalanda, Biharsharif in connection with Telhara P.S. Case no. 83 of 2018.

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