Suresh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51847 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Suresh Yadav son of Late Mishri Yadav,

2. Rambhu Yadav son of Shayam Sundar Yadav Both resident of Village- Laxumanwa, P.S.- Palanawa District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

About six persons are said to have been carrying 129 liters of Nepali saufi wine in the bags and during the course of chase by the police, they managed to escape barring the petitioners dumping the aforesaid bags containing liquor at the place of occurrence.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.51847 of 2018 (2) dt.24-08-2018 2 / 2 conscious physical possession of the petitioners. They have no concern with the seized article. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence while the real culprits managed to escape dumping the aforesaid liquor there seeing the police personnel. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 05.06.2018. 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 Special Judge Excise, East Champaran, Motihari in connection with Raxaul P.S. Case No. 122 of 2018.

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