Patna High CourtCR. MISC./8419/2018bail granted

Pappu Kumar And ANR v. The State Of Bihar

2018-02-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8419 of 2018 Arising Out of PS.Case No. -384 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Pappu Kumar, S/o Late Naresh Rai, R/o Village- Motipur, P.S- Tajpur, District- Samastipur.

2. Bablu Kumar S/o Bansi Singh, R/o village- Fatehpur, P.S.- Mushrigharari, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Tajpur P.S. Case No.384 of 2017 registered under Section 272 and 273 of the Indian Penal Code and Section 30 (a) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

191.4 liters of country made liquor is said to have been recovered from the house of Harish Chandra Singh @ Bidhayak and three persons including the petitioners were apprehended while one person managed to escape. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.8419 of 2018 (02) dt.16-02-2018 2/ 2 conscious physical possession of the petitioners. They have no concern with Harish Chandra Singh @ Bidhayak or the place of occurrence or with the seized liquor. They have been falsely implicated in this case due to dirty village politics. They have no criminal antecedent. They have been languishing in custody since 22.08.2017.

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-VI-cum-Special Judge Excise Act, Samastipur in connection with Tajpur P.S. Case No.384 of 2017.

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