Arvind Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38380 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Arvind Singh son of Rameshwar Singh, resident of Village - Bairiya Dih, P.S. - Harsidhi, District - East Champaran.
2. Abhishek Shukla son of Ashok Shukla resident of village - Ambika Nagar, P.S. - Banjariya, Distt - East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners are languishing in judicial custody since 22.06.2017 in connection with Piprakothi P.S. Case No. 123 of 2017 registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that during course of patrolling, they intercepted a Hyundai car and from that car two persons were apprehended while two persons managed to flee away. About 160 litres of
Patna High Court Cr.Misc. No.38380 of 2017 (2) dt.19-08-2017 2/2 foreign liquor was recovered from the dickey and back seat of the car.
It is submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated. It is further submitted that nothing has been recovered from their conscious possession and they were mere passengers in car and they did not know about the illicit liquor being kept in the dickey and back seat of the car. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge, Excise Act, East Champaran at Motihari in connection with Piprakothi P.S. Case No. 123 of 2017. (Nilu Agrawal, J.) Arjun/- U T