Md. Shabir Rain @ Mu. Shabir Rayan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19554 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================

1. Md. Shabir Rain @ Mu. Shabir Rayan, Son of Sadik Rain,

2. Mishri Mukhiya, Son of Late Matbar Mukhiya, Both R/o Shrikhandi Bhittha, P.S.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Smt. Veena Rani Prasad.

====================================================== 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 G.O. Case no. 46 of 2018 registered under Sections 30(a) of Bihar Prohibition & Excise Act-2016.

72 lts. of Nepali wine is said to have been recovered from the joint possession of the petitioners and petitioners were apprehended.

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 with the seized liquor. They have been falsely implicated in the

Patna High Court Cr.Misc. No.19554 of 2018(2) dt.27-04-2018 2/2 case at the instance of their enemies by planting the aforesaid recovery from their possession. The seizure list does not bear the signature of Petitioner no. 2 (Mishri Mukhiya). They have no criminal antecedent. They have been languishing in custody since 20.02.2018.

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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Sitamarhi in connection with G.O. Case no. 46 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T