Md. Kurban And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12969 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -SURSAND District- SITAMARHI ======================================================
1. Md. Kurban, S/o Md. Sabir, Resident of Village - Bhalha Bhalhi, P.S.- Bathnaha, District-Sitamarhi.
2. Abdullah, S/o Toufik, Resident of village - Mehsaul Azad Chowk, P.S. and District-Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Virendra Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Sursand P.S. Case No. 10 of 2018 registered under Section 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
18 litres of Nepali liquor is said to have been recovered from the possession of the petitioner no.1 while 22.200 litres of Nepali liquor from the possession of petitioner no. 2. 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 been
Patna High Court Cr.Misc. No.12969 of 2018 (2) dt.06-03-2018 2/2 falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 17.01.2018.
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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Sursand P.S. Case No. 10 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T