Suman Kumar @ Chuman Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63725 of 2018 Arising Out of PS. Case No.-540 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
1. Suman Kumar @ Chuman Yadav S/o Prabhu Rai.
2. Bikesh Kumar @ Vikesh Kumar S/o Raj Kishore Prasad Yadav @ Raj Kishor Ray Both Resident of Village- Belajitpur, P.S. Jitna, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seeks bail in connection with Muffasil (Lakhaura) P.S. Case No. 540 of 2018 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against petitioners are of recovery of 27 liters Nepali wine from the motorcycle, on which was petitioners were moving.
It has been submitted on behalf of the petitioner that they are innocent. They have been falsely implicated in this
Patna High Court Cr.Misc. No.63725 of 2018(2) dt.29-10-2018 2/2 case due to highhandedness of police. Nothing has been recovered from their possession. Seizure list was not prepared under Section 100 of the Cr.P.C. They have no criminal antecedent. They in custody since 29.08.2018. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds 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 at Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 540 of 2018. (S. Kumar, J) Rajiv/ManojU T