Akash Kumar @ Aakash Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47415 of 2018 Arising Out of PS.Case No. -362 Year- 2018 Thana -BUXAR District- BUXAR ======================================================
1. Akash Kumar @ Aakash Kumar, S/o Mahendra Chaudhary, Resident of Village- Thora, P.S.- Buxar (M), District- Buxar.
2. Anil Chaudhary, S/o Kapildeo Chaudhary, Resident of Village- Kabirpur, P.S.- Bharwankol, District- Gazipur (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 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.
54.350 liters of foreign liquor is said to have been recovered from the tempo and petitioners and one another accused 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 were travelling in the tempo and had no
Patna High Court Cr.Misc. No.47415 of 2018 (2) dt.03-08-2018 knowledge of keeping of the said liquor in the tempo. They have been falsely implicated in this case. They have no criminal antecedent and have been languishing in custody since 05.07.2018.
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 Additional District Judge-II -cum-Special Judge Excise Act, Buxar in connection with Buxar (Town) P.S. Case No. 362 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T