Vikram Kumar Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49709 of 2018 Arising Out of PS.Case No. -159 Year- 2018 Thana -BELAGANJ District- GAYA ======================================================

1. Vikram Kumar Mehta, S/o. Dhirender Prasad Mehta, R/o. VillageLavakudar, P.S.- Katakam Sandi, District- Hazaribag (Jharkhand).

2. Upendar Das, S/o. Prasadi Das, Resident of Village- Beladih, P.S.- Belaganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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.

20 liters of country made liquor is said to have been recovered from the possession of the petitioners and they 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 with the seized liquor. They have been falsely implicated in this case at

Patna High Court Cr.Misc. No.49709 of 2018 (2) dt.13-08-2018 2/2 the instance of their enemies by planting the aforesaid recovery from their possession. There is violation of Section 100 Cr.P.C. Petitioner no. 1 has no criminal antecedent. Though one case under Excise Act has been lodged against petitioner no. 2, but he is on bail in the said case. They have been languishing in custody since 14.06.2018.

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, Gaya in connection with Belaganj P.S. Case No. 159 of 2018.

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