Shiv Nath Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34967 of 2018 ======================================================

1. Shiv Nath Choudhary, S/o Mahendra Choudhary,

2. Binod Mahto, S/o Late Nagina Mahto, Both resident of VillageNawada Khurd, P.S.- Ganga Bridge, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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.

150 litres of toddy being transported by the petitioners on the motorcycle was seized and the petitioners were apprehended.

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 with the seized article. They have been falsely implicated in the case by the police merely on suspicion while they were

Patna High Court Cr.Misc. No.34967 of 2018 (2) dt.22-06-2018 2/2 passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid article at the place of occurrence seeing the police party. They have no criminal antecedent. They have been languishing in custody since 25.04.2018.

Considering the facts aforesaid, 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. 3932 of 2018 arising out of P.R. No. 35/18.

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