Dularchand Kumar Sao @ Dularchand Kumar @ Dularchandan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50164 of 2018 Arising Out of PS.Case No. -224 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================
1. Dularchand Kumar Sao @ Dularchand Kumar @ Dularchandan Kumar, Son of Bhuneshwar Sao,
2. Santosh Kumar @ Sao @ Santosh Kumar, Son of Lilo Sao, both are resident of Village- Khetko, P.S.- Bagodar, District- Giridih. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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.
90 liters of foreign liquor is said to have been recovered from the dickey of the car and petitioners 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 either with the seized liquor or the car in question. They happen to be
Patna High Court Cr.Misc. No.50164 of 2018 (2) dt.14-08-2018 2/2 labourers. They have been falsely implicated in this case by the personnel of Excise Department merely on suspicion while they were standing near the car at the time of occurrence while the real culprit managed to escape leaving the aforesaid liquor laden car there seeing the personnel of Excise Department. There is violation of Section 100 Cr.P.C. They have been languishing in custody since 29.06.2018.
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 Excise Case No. 224 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T