Tinku Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41454 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ======================================================

1. Tinku Kumar.

2. Pintu Kumar, Both S/o Sri Mohan Prasad, R/o Vill-Main Road Civil Line, Buxar, P.S. Buxar (T), Distt-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Case no. 106(0) of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act 2016.

198.36 lts. of foreign liquor is said to have been recovered from Maruti car and petitioner Pintu Kumar who is said to have been escorting the aforesaid car was apprehended while petitioner Tinku Kumar was apprehended along with the mobile phone.

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

Patna High Court Cr.Misc. No.41454 of 2018(2) dt.11-07-2018 2/2 conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the vehicle in question. Petitioner Pintu Kumar was apprehended by the personnel of Excise Department on suspicion while he was proceeding on his motorcycle ahead of the said Maruti car and petitioner Tinku Kumar was apprehended by the personnel of Excise Department on suspicion while he was passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 06.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Buxar in connection with Case no. 106(0) of 2018.

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