Patna High CourtCR. MISC./19662/2018bail granted

Nirala Kumar And ANR v. The State Of Bihar

2018-04-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19662 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- BIHTA District- Patna ======================================================

1. Nirala Kumar S/o Nirmal Kumar

2. Ganauri Kumar @ Ajit S/o Late Bachan Ray.

Both R/o Village-Maudahi, P.S. Bihta, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Bihta P.S. Case no. 106 of 2018 registered under Sections 30(a) and 37(b) of Bihar Prohibition & Excise Act-2016.

50 lts. of country made liquor is said to have been recovered from the bag of the petitioners who were standing on the road near Koilwar bridge.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the bag in question. They have been falsely implicated in the case by the police at the

Patna High Court Cr.Misc. No.19662 of 2018(2) dt.27-04-2018 2/2 instance of their enemies. Petitioner no. 2 has no criminal antecedent while one more criminal case has been lodged against the petitioner no. 1, but he is on bail in the said case. They have been languishing in custody since 03.02.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Bihta P.S. Case no. 106 of 2018.

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