Shivam Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49443 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- PUPRI District- Sitamarhi ======================================================

1. Shivam Kumar, Son of Arun Chaudhary @ Arun Kumar Chaudhary, R/v- Dumaharpatti, Ward No. 4, P.S.- Pupri, District - Sitamarhi.

2. Vijay Chaudhary, Son of Shambhu Nath Chaudhary, R/v- Urain, Police Station- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Madan Kumar ====================================================== 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 connection with Pupri P.S. Case no. 288 of 2018 registered under Section 414 of I.P.C. and Sections 30(A), 37(b)(c), 38, 41 of Bihar Excise and Prohibition Act-2016.

192.45 lts. of foreign liquor is said to have been recovered from Scorpio vehicle and petitioners sitting in the said vehicle were apprehended.

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

Patna High Court Cr.Misc. No.49443 of 2018(2) dt.13-08-2018 2/2 either with the seized liquor or with the vehicle in question. They have been falsely implicated in this case. They happens to be simple commuter and were travelling by the said vehicle without any knowledge of keeping of liquor in the vehicle by its owner. They have no criminal antecedent. They have been languishing in custody since 09.06.2018.

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.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case no. 288 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T