Suraj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25020 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ======================================================

1. Suraj Kumar Son of Phool Chand Mandal

2. Sunil Ram Son of Binod Ram Both are Resident of Village- Manitar, Ward No. 31, P.S. Dhansar, District- Dhanbad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 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 Sections 30(a), 32(1), 38(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

318.240 litres of foreign liquor is said to have been recovered from the Tata Magic 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 no concern with the seized liquor. Petitioner no.1 happens to be

Patna High Court Cr.Misc. No.25020 of 2018 (2) dt.01-05-2018 2/2 driver of the said vehicle while petitioner no.2 khalasi of the said vehicle. They were simply carrying the aforesaid liquor loaded on the vehicle in the carton by its owner Santosh Kumar Jha without knowing the contents of the carton. They have no criminal antecedent. They have been languishing in custody since 09.02.2018.

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 Addl. District and Sessions Judge-II cum Special Judge,Lakhisarai in connection with Case No. 13C2/2018.

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