Anil Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44731 of 2018 Arising Out of PS.Case No. -240 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Singh S/o Late Mahendra Singh

2. Satyendra Singh S/o Late Satyanarayan Singh both of Vill. - Bisrahiya, P.S. - Dhaka, Dist - East Champaran.

.... .... Petitioners.

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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) of the Bihar Prohibition and Excise Act, 2016.

36 liters of Nepali Saufi Wine is said to have been recovered from the joint possession of the petitioners and 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 liquor.

There is violation of Section

Patna High Court Cr.Misc. No.44731 of 2018 (02) dt.24-07-2018 Cr.P.C. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent and have been languishing in custody since 21.05.2018.

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, Motihari in connection with Excise Case No.240 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T