Deepak Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79329 of 2018 Arising Out of PS. Case No.-198 Year-2018 Thana- DUMARIAGHAT District- East Champaran ======================================================
1. Deepak Kumar and Anr Son of Ranvir Singh Resident of Village-R.Z.A.-7 Gali No.3, P.S.- Dadri Extension Palam South West Delhi, District - Palam
2. Sandeep Gil @ Sandeep Gir Son of Jagdish Gil Resident of Village-Karedi, P.S.- Lakhan Majara, District - Rohatak Hariyana ... ... 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.Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Dumariyaghat P.S. Case No. 198 of 2018 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act, 2016. 310.02 litres of foreign liquor are said to have been recovered from Swift Desire car and the petitioners were apprehended on chase in course of escaping from the car. It is submitted by the learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no
Patna High Court Cr.Misc. No.79329 of 2018(2) dt.18-01-2019 2/2 concern either with the seized liquor or with the car in question. As a matter of fact, they have been falsely implicated in this case by the police on mere suspicion while they are passing through the place of occurrence and real culprit managed to escape leaving the liquor laden car after seeing the police party. They have no criminal antecedent. They have been languishing in custody since 19.11.2018.
On the other hand learned Spl. PP opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Dumariyaghat P.S. Case No. 198 of 2018.
(Prakash Chandra Jaiswal, J) sushma/- U T