Santosh Murmu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38721 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BIHRA District- SAHARSA ====================================================== 1.Santosh Murmu, S/O Amir Murmu, resident of village Maithani Ward No.2, Barasher, P.S.- Bihra, District-Saharsa.

2. Nandlal Kisku, Son of Ram Kisku, resident of Village- Maithani Ward No.2, Barasher, P.S. Bihra, District-Saharsa.

3. Mangal Hembram, Son of Jalfa Hembram @ Ghalfa Hembram, resident of village Mariya Santhali Tola Ward No.12, P.S. Basnahi, DistrictSaharsa, at present Matihani, Ward No.2 Barasher, P.S.- Bihra, DistrictSaharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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)(d) of the Bihar Prohibition and Excise Act, 2016.

20 liters of country made liquor, one utensil and instrument for brewing the liquor are said to have been recovered from the house of petitioner no.1 Santosh Murmu and petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no

Patna High Court Cr.Misc. No.38721 of 2018 (02) dt.03-07-2018 - 2 - incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or trade of any liquor. The house of the petitioners are inhabited by their several family members and they had no knowledge of keeping of the aforesaid liquor in the said house. They have been falsely implicated in this case. They have no criminal antecedent and have been languishing in custody since 16.05.2018.

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 Special Judge (Excise Act), Saharsa in connection with Bihara P.S. Case No. 97 of 2018 Special Case No. 277 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T