Bipin Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54204 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -ARWAL District- JEHANABAD ======================================================
1. Bipin Kumar, S/o Devpujan Prasad, R/o Vill.- Pipra Bangla, P.S. & District- Arwal.
2. Ranjan Chaudhary S/o Rampyare Chaudhary @ Rampayara Chaudhary, R/o Vill.- Masadpur, P.S.- Parasi, District- Arwal. .... .... Petitioners.
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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.
At the instance of Munna Kumar 39 liters of foreign liquor is said to have been recovered from the house of Ramesh Kumar @ Dinbandhu and petitioners and other accused persons were apprehended from the said house.
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
Patna High Court Cr.Misc. No.54204 of 2018 (02) dt.31-08-2018 - 2 - with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case merely on suspicion while they had gone to the house of Ramesh Kumar @ Dinbandhu to see him at the time of occurrence. They have no criminal antecedent and have been languishing in custody since 16.07.2018.
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 Additional Sessions Judge-II, Jehanabad, in connection with Excise Case No. 708 of 2018 arising out of Arwal P.S. Case No. 196 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T