Patna High CourtCR. MISC./31397/2018bail granted

Mahesh Sahni And ANR v. The State Of Bihar

2018-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31397 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Mahesh Sahni, S/o Dilkeshwar Sahni, R/o Cheerapurtara, P.S.- Jandaha, District- Vaishali.

2. Vijay Kumar, S/o Mahesh Sahni, R/o Cheerapurtara, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 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 Section 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 33 liters of foreign liquor is said to have been recovered from the possession of petitioner, Mahesh Sahni and 36 litres from the petitioner Vijay Kumar on the platform no. 2 of Patna Junction.

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

Patna High Court Cr.Misc. No.31397 of 2018 (2) dt.22-05-2018 2/2 concern with the seized liquor. They are laboureres and were carrying bags as a labourer and had no knowledge of the contents of the said bags. The owner of the bags managed to escape seeing the police party. They have no criminal antecedent and have been languishing in custody since 08.03.2018.

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 Special Judge, Excise, Patna in connection with Special Case No. 2090/2018, arising out of Patna Junction P.S. Case No. 68 of 2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T