Sivnandan Bhuiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52425 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -IMAMGANJ District- GAYA ======================================================

1. Sivnandan Bhuiya, S/o. Somar Bhuiya,

2. Nanhu Bhuiya, S/o. Janki Bhuiya, both R/o. Village- Padariya, P.O.- Imamganj, District- Gaya, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 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) (d) and 45 of the Bihar Prohibition and Excise Act, 2016.

20 litres of country made liquor is said to have been recovered from the house of petitioner no.1-Sivnandan Bhuiya and he managed to escape. Petitioner no.1 and other accused person from whose house liquor was recovered and villagers resorted pelting stone on the raiding party and confined them who were later on released on the arrival of the reinforcement. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.52425 of 2018 (2) dt.25-08-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies. The house of the petitioner no. 1, namely, Sivnandan Bhuiya is joint family house and is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house while petitioner no. 2, namely, Nanhu Bhuiya is not named in the F.I.R and there is no allegation levelled against him in the written report. They have no criminal antecedent. They have been languishing in custody since 11.06.2018.

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 Special Judge, Excise, Gaya in connection with Imamganj P.S. Case No. 50 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T