Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25113 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== 1.

Sanoj Kumar Son of Ram Ayodhaya Rai Resident of Village - Tikuliya, P.S.- Adapur, District- East Champaran 2.

Mandeep Kumar Son of Krishna Rai Resident of Village - Tikuliya, P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma For the Opposite Party/s :

Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Adapur P.S. Case no. 329 of 2018 registered under Sections 30(a) of Bihar Prohibition & Excise Act-2016 and Sections 341, 323, 307, 353, 504, 272 and 273/34 of the Indian Penal Code.

Petitioners are said to have assaulted the Chowkidar on interception made by him during the course of transporting the liquor on their vehicle and managed to escape dumping the liquor which was found to be 75 lts. Nepali liquor. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.25113 of 2019(2) dt.18-04-2019 2/2 petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They were not apprehended on the spot. As a matter of fact, Chowkidar Sanjay Kumar happens to be next door neighbour of the petitioners and some sort of dispute is pending between them over keeping the door clean and due to grudge, the said Chowkidar has falsely implicated the petitioners in the occurrence. They have no criminal antecedent.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise East Champaran, Motihari in connection with Adapur P.S. Case no. 329 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T