Shivchan Singh @ Serchan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50446 of 2018 Arising Out of PS.Case No. -220 Year- 2018 Thana -KATEYA District- GOPALGANJ ======================================================

1. Shivchan Singh @ Sherchan Singh, S/o Bhola Singh.

2. Anshu Kumar Singh, S/o Mannu Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajeet Singh For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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 Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

25.920 litres of foreign liquor is said to have been recovered from the motorcycle and the petitioners are said to have been apprehended in course of escaping leaving the said motorcycle.

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 with the motorcycle in question. They have been falsely implicated in the case by the

Patna High Court Cr.Misc. No.50446 of 2018 (2) dt.16-08-2018 2/2 police merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprit managed to escape leaving the liquor laden motorcycle there seeing the police personnel. They have no criminal antecedent. They have been languishing in custody since 11.07.2018. Considering the facts aforesaid, 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 2nd Addl. Sessions Judge cum Special Judge, Excise, Gopalganj in connection with Kateya P.S. Case No. 220 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T