Paras Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29226 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -PARSA District- SARAN ======================================================

1. Paras Rai, S/o Bhagwan Rai,

2. Nagendra Ram S/o Sudhu Ram, Both are Residents of Vill.- Baharmarar, P.S.- Parsa, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 308/34 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

120 litres of spirit is said to have been recovered from the Bolero and petitioners were apprehended in the course of escaping from the said vehicle while two other accused persons managed to escape and 7920 litres of spirit is said to have been recovered from the truck and its driver managed to escape. Petitioners and their fleeing accomplices are said to be facilitating

Patna High Court Cr.Misc. No.29226 of 2018 (4) dt.02-07-2018 2/2 in passing the truck smoothly.

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 with the seized liquor or with the vehicles in question. They have been falsely implicated in the case by the police merely on suspicion in the course of passing through the place of occurrence at the time of occurrence as they happen to be local residents. They have no criminal antecedent. They have been languishing in custody since 12.04.2018.

Considering the facts aforesaid, 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 6th Additional Sessions Judge, Saran at Chapra in connection with Parsa P.S. Case No. 59 of 2018.

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