Patna High CourtCR. MISC./47235/2018bail granted

Pappu Kumar Gupta And ANR v. The State Of Bihar

2018-08-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47235 of 2018 Arising Out of PS.Case No. -502 Year- 2018 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Pappu Kumar Gupta, S/o. Late Satya Narayan Sah, R/o. VillageDumari, P.S.- Muzaffarpur Sadar, District- Muzaffarpur.

2. Vicky Kumar, S/o. Bhola Sah, R/o. Village- Darjiya, P.S.- Kurhani, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh Mr. Santosh Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

25.92 liters of foreign liquor is said to have been recovered from the house of Mukesh Patel and said accused and petitioners were apprehended in the course of escaping from the aforesaid place. Mukesh Patel divulged the name of the petitioners as traders of the liquor.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.47235 of 2018 (2) dt.02-08-2018 2/2 conscious physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery. They have been falsely implicated in this case by accused Mukesh Patel due to animosity. There is no nothing on record indicating the complicity of the petitioners in the occurrence barring the disclosure made by the apprehended accused which has no evidentiary value in the eye of law. They have no criminal antecedent and have been languishing in custody since 07.07.2018.

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, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 502 of 2018.

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