Lalan Kumar Yadava And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46179 of 2018 Arising Out of PS. Case No.-307 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================
1. Lalan Kumar Yadava, S/o Nagendra Lal Yadav @ Yogendra Rai,
2. Jamshed Ansari S/o Pachchu Ansari, Both R/o Vill.- Sirsiya Bazar Ward No. 11 and Ward No.12, P.S.- Bela, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Case no. C2-307 of 2018/395 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.
178.500 lts. of Nepali Saufi wine is said to have been recovered from joint possession of the petitioners. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in this case by the personnel of Excise Department
Patna High Court Cr.Misc. No.46179 of 2018(2) dt.31-07-2018 2/2 merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor seeing them. There is no compliance of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 02.06.2018.
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 Act, Sitamarhi in connection with Case no. C2-307 of 2018/395 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T