Pramod Hajari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34719 of 2018 Arising Out of PS. Case No. -101 Year- 2017 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Pramod Hajari, son of Late Hardeo Hajari,

2. Bittu Kumar, son of Pramod Hajari Both are Resident of Village- Birpur East, P.S.- Birpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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 30 (a) of the Bihar Prohibition and Excise Act, 2016.

32.34 liters of foreign liquor is said to have been recovered from the rented house of Arjun Kumar who disclosed the names of the petitioners to be owner of the said liquor kept there by them for the purpose of vending it.

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 either with the seized liquor or the place of recovery or

Patna High Court Cr.Misc. No.34719 of 2018 (02) dt.21-06-2018 - 2 - any trade of liquor. They have been falsely implicated in this case at the instance of their enemy due to animosity. They were not apprehended on the spot. They have no criminal antecedent and have been languishing in custody since 20.05.2018. 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 Additional Sessions Judge-II-cum-Special Judge Excise Act, Begusarai in connection with Birpur P.S. Case No. 101 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T