Rajesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52333 of 2018 Arising Out of PS.Case No. -209 Year- 2018 Thana -BELAGANJ District- GAYA ====================================================== 1.Rajesh Kumar Son of Madheshar Prasad 2.Sanjiv Kumar Son of Binay Prasad 3.Binay Prasad Son of late Ram Brich Prasad All resident of Village- Birbal Bigha P.S.- Belagan, in the District of Gaya .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 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 Sections 30 (a) and (d) of the Bihar Prohibition and Excise Act, 2016.

20 liters of country made liquor is said to have been recovered from the possession of the petitioner no.1-Rajesh Kumar and on his disclosure 30 kgs. Mahua, 75 gm. jaggery, gas cylinder and brewing machine were recovered from the shop of petitioner no.2-Sanjiv Kumar while 8 gas cylinders were recovered from the house of petitioner no.3-Binay Prasad and all the petitioners were apprehended.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.52333 of 2018 (2) dt.25-08-2018 - 2 - no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized article or any activity of brewing liquor. They have been falsely implicated in this case at the instance of their enemy by planting the aforesaid recovery from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 21.07.2018. 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 Special Judge Excise, Gaya in connection with Belaganj P.S. Case No. 209 of 2018.

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