Sukhlal Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52289 of 2018 Arising Out of PS. Case No.-433 Year-2018 Thana- MOTIPUR District- Muzaffarpur ======================================================

1. Sukhlal Bhagat, S/o Late Munna Bhagat ,

2. Umesh Kumar Bhagat S/o Sukhlal Bhagat, Both R/o Vill.- Gehua Chak, P.S.- Motipur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Motipur P.S. Case no. 433 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Excise and Prohibition Act2016. 324 lts. of foreign liquor is said to have been recovered from straw house of the petitioners and they were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the straw house. The straw

Patna High Court Cr.Misc. No.52289 of 2018(2) dt.27-08-2018 2/2 house is located outside the house of the petitioners and moreover it is open one and easily accessible to anyone. They had no knowledge of keeping of liquor there. They have no criminal antecedent. They have been languishing in custody since 27.05.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Motipur P.S. Case no. 433 of 2018.

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