Prem Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48711 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -BALIA District- BEGUSARAI ======================================================

1. Prem Kumar son of Sri Phulena Choudhary resident of Village : Rehampur, Chaudhary Tolw, P.S. Muffasil, District Khagaria.

2. Sanjeet Kumar Son of Shri Rajiv Ranjan Choudhary resident of Village : Sarvodaya Nagar, P.S. Town, District Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

12 litres of foreign liquor is said to have been recovered from the bag kept on the motorcycle 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 with the seized liquor. They have been falsely implicated

Patna High Court Cr.Misc. No.48711 of 2018 (2) dt.09-08-2018 2/2 in the case at the instance of their enemies by planting aforesaid recovery from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 19.06.2018.

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 Addl. Sessions Judge-II cum Special Judge, Excise, Begusarai in connection with Ballia P.S. Case No. 167 of 2018.

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