Dhiraj Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42032 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================
1. Dhiraj Kumar Singh, Son of Pramad Kumar Singh.
2. Neeraj Kumar Singh, Son of Pramod Kumar Singh. Both are resident of Village- Phatikbara, Police Station- Mahnar, District- Vaishali at Hajipur. .... .... Petitioners.
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
983 liters of foreign liquor is said to have been recovered from a pickup van parked across the road in front of the house of the petitioners and petitioners are said to have been unloading the liquor from the said pickup van.
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 the place of recovery or the vehicle in question. They have been falsely implicated in this case by the
Patna High Court Cr.Misc. No.42032 of 2018 (03) dt.02-08-2018 police merely on suspicion while they were standing at the door of their house at the time of occurrence and the vehicle in question was parked in front of their house while the real culprit managed to escape seeing the police party. Though one more criminal case has been lodged against the petitioners but they are on bail in the said case. They 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, Vaishali at Hajipur in connection with Mahnar P.S. Case No.90 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T