Patna High CourtCR. MISC./26509/2018bail granted

Raushan Kumar And ANR v. The State Of Bihar

2018-05-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26509 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- TRIVENIGANJ District- Supaul ======================================================

1. Raushan Kumar son of Chhutaharu Yadav

2. Chhutaharu Yadav Son of Late Babujee Yadav Both residents of Village - Kumyahi, P.S. Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP 78 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in connection with S.T. Excise 301 of 2018 arising out of Triveniganj P.S. Case No. 130 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

153.300 liters of Nepali liquor is said to have been recovered from the Toyota Qualis vehicle and three accused persons managed to escape. The locals named the petitioners as the transporter of the seized liquor.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious possession of the petitioners. They have no

Patna High Court Cr.Misc. No.26509 of 2018(2) dt.03-05-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies. The petitioners were not apprehended at the spot. The identity and genuineness of the source of information is not mentioned in the first information report. They have no criminal antecedent. They have been languishing in custody since 09.04.2018. Considering the facts, aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with S.T. Excise 301 of 2018 arising out of Triveniganj P.S. Case No. 130 of 2018 to the satisfaction of the Additional Sessions Judge, II, Supaul.

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