Ashish Kumar @ Sonu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36693 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- Gaighat District- Muzaffarpur ======================================================

1. Ashish Kumar @ Sonu,

2. Pinkesh Kumar @ Monu Both Sons of Lalan Tiwari, Both residents of Village- Jata Pashchiyari Thok, P.S.- Benibad O.P., District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Das For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

29-06-2018 Heard Sri Chandra Bhushan Das, learned counsel for the petitioners and Smt. Sahin Begam, learned Addl. Public Prosecutor.

Two petitioners, having clean antecedent, which fact has been stated in paragraph - 3 of the petition, apprehending their arrest in Gaighat P.S. Case No. 118 of 2018, G.R. No. 598 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners submits that nothing was recovered either from conscious possessions or from the premises of the petitioners, but petitioners have been made accused on an allegation that from backside of bathan (cow shed), there was recovery of huge quantity of Indian make

Patna High Court Cr.Misc. No.36693 of 2018(2) dt.29-06-2018 2/2 foreign liquor. It has been reiterated that petitioners were not having any knowledge about such consignment. A plea has been taken that it appears that in village politics, petitioners have falsely been implicated in the present case.

Be that as it may, considering the fact that petitioners are having clean antecedent as well as the fact that recovery was effected from an open place, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Ashish Kumar alias Sonu and Pinkesh Kumar alias Monu 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 learned Special Judge, Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No. 118 of 2018, G.R. No. 598 of 2018, subject to condition as contemplated under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T