Lalit Kumar @ Lalit Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50106 of 2018 Arising Out of PS.Case No. -118 Year- 2018 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Lalit Kumar @ Lalit Singh, S/o. Pramanand Singh.

2. Saroj Kumar, S/o. Pramanand Singh.

3. Pramanand Singh @ Parmanand Singh S/o. late Shital Singh, all resident of Village- Rajapakar Kushwaha Tola, P.S.- Rajapakar, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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.

50.4 liters of country made and foreign liquor is said to have been recovered from the orchard of Lalit Singh and petitioners are said to have been selling the aforesaid liquor. They were apprehended in the course of escaping from there. 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.50106 of 2018 (2) dt.14-08-2018 2/2 concern either with the seized liquor or the place of recovery. Place of recovery is open place and easily accessible to anyone. Petitioners Saroj Kumar and Parmanand Singh @ Pramanand Singh had gone to the petitioner Lalit Kumar @ Lalit Singh to see him at the time of occurrence and they have falsely implicated in this case by the police merely on suspicion. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 13.07.2018. 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 Sessions Judge-II-cum-Special Judge Excise Act, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 118 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T