Patna High CourtCR. MISC./48892/2018bail granted

Bipin Ram And ANR v. The State Of Bihar

2018-08-09Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48892 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -PURAINI District- MADHEPURA ======================================================

1. Bipin Ram, S/o Vishundeo Ram, R/o Vill.- Tiger Tola, Puraini, P.S.- Puraini, District- Madhepura.

2. Vijay Ram, S/o Bino Ram @ Bilo Ram, R/o Vill.- Sirsiya, Laxmipur, P.S.- Barhara, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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.

20.5 liters of country made liquor is said to have been recovered from the half built house of petitioner no.1-Bipin Ram and both the 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 petitioner. They have no concern either with the seized liquor. The house of the petitioner no.1-Bipin Ram

Patna High Court Cr.Misc. No.48892 of 2018 (02) dt.09-08-2018 - 2 - is under construction and is not inhabited by him. Petitioner no.2Vijay Ram had gone there to meet Bipin Ram and he has been falsely implicated in this case by the police merely on suspicion. They have no criminal antecedent and have been languishing in custody since 24.06.2018.

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 Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Madhepura in connection with Puraini P.S. Case No. 99 of 2018 in Excise Act 262 of 2018.

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