Sunil Kumar @ Santu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51549 of 2018 Arising Out of PS.Case No. -293 Year- 2018 Thana -JAKKANPUR District- PATNA ======================================================
1. Sunil Kumar @ Santu, S/o. Late Anirudh Prasad.
2. Krishna Kumar, S/o. Paras Prasad, both R/o. Mohalla- Postal Park, Road No. 04, P.S.- Jakkanpur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
5.250 litres of foreign liquor is said to have been recovered from the joint possession of the petitioners. 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 with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. Petitioner No. 2 has no criminal
Patna High Court Cr.Misc. No.51549 of 2018 (2) dt.23-08-2018 2/2 antecedent while one more criminal case has been lodged against petitioner no. 1, but he is on bail in the aforesaid case. They have been languishing in custody since 08.07.2018. 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 Special Judge, Excise Act, Patna in connection with Special Case No. 6233 of 2018 arising out of Jakkanpur P.S. Case No. 293 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T