Ajay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15451 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -RAIL JHAJHA District- JAMUI ======================================================
1. Ajay Kumar, S/o Janki Mahto, R/o Village- Nawada, P.S.- Barh, District- Patna.
2. Awadhesh Kumar @ Awadhesh S/o Baliram Yadav @ Bal Ram Gope @ Balram Gope, R/o Village- Pandarak, P.S.- Pandarak, District- Patna. (Although Petitioner's P.S. has Wrongly Been mentioned as "Barh" in his Assress in the F.I.R. While his correct P.S. is "Pandarak") .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 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 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
232 litres of country made liquor kept in bag is said to have been recovered from beneath the seat of the petitioners in the ladies compartment of the train.
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
Patna High Court Cr.Misc. No.15451 of 2018 (4) dt.30-04-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case by the personnel of GRP due to some altercation with them over sitting by them in the ladies compartment. Petitioner no.1 has no criminal antecedent though two more cases have been lodged against petitioner no.2, but he is on bail in the aforesaid cases. They have been languishing in custody since 10.02.2018. 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 Addl. District and Sessions Judge-II, Jamui in connection with Rail Jhajha P.S. Case No. 19 of 2018 (G.R.P.S. Jhajha Case No. 19 of 2018). (Prakash Chandra Jaiswal, J) Mishra/- U T