Krishna Sao And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34360 of 2018 Arising Out of PS.Case No. -280 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Krishna Sao, Son of Ram Kishori Sao,

2. Gore Lal Yadav, Son of Kuleshwar Yadav, Both are resident of VillageManjura, P.S.- Mohanpur, District- Gaya. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kunwar Narayan Jamuar, Adv.

For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 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 (d) of the Bihar Prohibition and Excise Act, 2016.

100 Kgs. of Mahua flower is said to have been recovered from the possession of the petitioners and the petitioners were apprehended.

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

Patna High Court Cr.Misc. No.34360 of 2018 (02) dt.20-06-2018 - 2 - the instance of their enemies by planting the aforesaid recovery from their possession. They have no criminal antecedents and have been languishing in custody since 24.04.2018. 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, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 280 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T