Patna High CourtCR. MISC./52680/2018bail granted

Vim Mahaldar And ORS v. The State Of Bihar

2018-08-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52680 of 2018 Arising Out of PS.Case No. -118 Year- 2018 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ======================================================

1. Vim Mahaldar, S/o Ram Lal Mahaldar

2. Ranjit Mahaldar @ Rajit Mahaldar, S/o Mangal Mahaldar

3. Giranand Mahaldar, S/o Arjun Mahaldar

4. Amin Mahaldar, S/o Bakai Mahaldar All resident of village - Sagunia, P.S.-Dagura, District - Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Choudhary For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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.

9 litres of foreign liquor is said to have been recovered from the possession of the petitioner no.1 Vim Mahaldar while 11.2 litres of foreign liquor were recovered from the possession of each of the petitioner nos. 2, 3 and 4 namely Ranjit Mahaldar, Giranand Mahaldar and Amin Mahaldar in the train.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.52680 of 2018 (2) dt.27-08-2018 2/2 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 the case by the personnel of GRP over some altercation taken place between them on refusal of the petitioners to cough the illegal demand of graft made by them. They have no criminal antecedent. They have been languishing in custody since 04.07.2018.

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 Addl. Sessions Judge-VI cum Special Judge, Excise, Samastipur in connection with Samastipur Rail P.S. Case No. 118 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T