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Patna High CourtCR. MISC./20242/2018bail granted

Santosh Kumar @ Santosh Kumar Jha And ANR v. The State Of Bihar

2018-04-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20242 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Santosh Kumar @ Santosh Kumar Jha, son of Rajeshwar Jha, resident of Hatia Chauk, Police Station Ratu, District Ranchi (Jharkhand).

2. Ronit Tirki, son of Soma Tirki, resident of Milia Bhitha Toli, Police Station Ratu, District Ranchi (Jharkhand).

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bihta P.S. Case No.28 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

252 liters of foreign liquor is said to have been recovered from the Sumo Victa vehicle and the petitioners sitting in the said vehicle 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 been falsely implicated in this case. They happen to be simple commuters of the said vehicle and had no knowledge of keeping

Patna High Court Cr.Misc. No.20242 of 2018 (02) dt.11-04-2018 2/ 2 the said liquor in the vehicle. They have no criminal antecedent and have been languishing in custody since 11.01.2018. 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 Special Judge Excise Act, Patna in connection with Bihta P.S. Case No.28 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T