Sanam Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50017 of 2018 ======================================================
1. Sanam Kumar Son of Sri Lal Bihari Prasad
2. Tuntun Kumar Son of Sri Mohan Prasad Both Resident of VillageNoniapura, Police Station- Krishna Braham, District-Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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.
180 litres of country made liquor is said to have been recovered from the dickey of the Honda City Car and petitioners sitting in the said car 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 either with the seized liquor or with the car in question. They happen to be simple commuter of the said car and were
Patna High Court Cr.Misc. No.50017 of 2018 (3) dt.23-08-2018 2/2 travelling without knowledge of keeping of the said liquor in its dickey by its driver and driver managed to escape leaving liquor laden car there seeing the personnel of Excise Department. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 24.07.2018.
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 Special Judge, Excise Act, Kaimur at Bhabua in connection with Excise Case No. 669 of 2018 (P.R. No. 1 of 2018-19).
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T