Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34593 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -BAUSI District- PURNIA ======================================================

1. Chandan Kumar, Son of Kesho Mandal,

2. Uday Kumar Mandal @ Uday Kumar, Son of Suresh Mandal, Both are resident of Village- Bhim Das Tola (Tentenga), P.S.- Rangara Chouk, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

10.500 litres of foreign liquor is said to have been recovered from the possession of the petitioner no.1 Chandan Kumar and 7.500 litres of foreign liquor from the petitionerno.2 Uday Kumar Mandal and they were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.34593 of 2018 (2) dt.21-06-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 21.05.2018. 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 2nd Addl. Sessions Judge cum Special Judge, Excise, Purnea in connection with Spl. Excise Case No. 486 of 2018 arising out of Baisi P.S. Case No. 113 of 2018.

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