Bablu Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40162 of 2018 Arising Out of PS.Case No. -143 Year- 2018 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Bablu Sahni S/o Late Kusho Sahni @ Phusho Sahni,

2. Ajay Sahni @ Gabbar Sahni, S/o Late Kusho Sahni @ Phusho Sahni, Both Resident of Village- Goriyari, P.S.- Bakhri, District- Begusarai. .... .... Petitioners.

Versus

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

For the Petitioners : Mr. Pramod Kumar Verma, Adv. For the Opposite Party : Mr. Mukeshwar Dayal, A.P.P. - 37 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

10.200 liters of country made liquor is said to have been recovered from the fruit shop of the petitioners and petitioners were apprehended.

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 with the seized liquor. They have been falsely implicated in this case at the instance of their enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.40162 of 2018 (4) dt.03-08-2018 - 2 - from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 19.05.2018.

In the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Begusarai in connection with Bakhari P.S. Case No. 143 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T