Gorakh Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48645 of 2018 Arising Out of PS.Case No. -595 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ======================================================

1. Gorakh Ram son of Late Harinath Ram Resident of Village - Amlowa, P.S. - Nasriganj, District - Rohtas.

2. Jitendra Sharma son of Daroga Sharma Resident of Village Parashiya, P.S. - Baghela, District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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.

43 litres of country made liquor is said to have been recovered from the bag kept on the motorcycle 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

Patna High Court Cr.Misc. No.48645 of 2018 (2) dt.09-08-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case merely on suspicion while they were passing through the place of occurrence at the time of occurrence and the real culprit managed to escape dumping the aforesaid liquor there seeing the personnel of Excise Department. They have no criminal antecedent and have been languishing in custody since 01.07.2018.

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 Additional Sessions Judge-VII cum Special Judge, Excise Act, Aurangabad in connection with Excise Case No. 595 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T