Manish Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51258 of 2018 Arising Out of PS.Case No. -236 Year- 2018 Thana -TEGHRHA District- BEGUSARAI ======================================================
1. Manish Kumar, Son of Shiv Kumar Singh,
2. Gopal Kumar, Son of Lalan Singh,
3. Praduman Kumar, Son of Sudhir Singh, All are resident of VillageJagatpura, Police Station- Matihani, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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.
Huge quantity of foreign liquor is said to have been recovered from the house and open field of Raushan Kumar, Arjun Singh and Nilam Devi and petitioners were apprehended in the course of escaping and 9 litres of foreign liquor is said to have been recovered from their motorcycle.
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
Page 2 of 2Patna High Court Cr.Misc. No.51258 of 2018 (2) dt.21-08-2018 2/2 concern either with the seized liquor or with the place of recovery or any trade of liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 27.06.2018. 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 Additional Sessions Judge-II-cum-Special Judge Excise, Begusarai in connection with Teghra P.S. Case No. 236 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T