Patna High CourtCR. MISC./31487/2018bail granted

Raj Kishor Yadav And ORS v. The State Of Bihar

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

Patna High Court Cr.Misc. No.31487 of 2018 (02) dt.22-05-2018 - 1 -

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31487 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Raj Kishor Yadav, S/o late Sudama Yadav @ late Sudama Chaudhary,

2. Vishal Kumar, S/o Raj Kishore Yadav,

3. Haresh Chaudhary, S/o Late Sadhu Chaudhary, All are R/o Vill.- Phatehpur Kuwahi, P.S.- Mirganj, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== 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 petitioner seeks 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.

155.520 liters of country made liquor is said to have been recovered from the mustard field of Basindra Yadav 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 either with the seized liquor or with the place of recovery.

Patna High Court Cr.Misc. No.31487 of 2018 (02) dt.22-05-2018 - 2 - They have been falsely implicated in the case merely on suspicion while they were passing through the place of occurrence. They have no criminal antecedent and have been languishing in custody since 21.02.2018.

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 Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 42 of 2018.

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