Patna High CourtCR. MISC./59313/2017bail granted

Ganga Kumar Paswan And ANR v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59313 of 2017 Arising Out of PS.Case No. -1536 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ======================================================

1. Ganga Kumar Paswan, S/o Jitan Paswan, R/o Village- Chotaki Nawada, Jhoparpatti, P.S.- Delha, District- Gaya.

2. Upendra Kumar, S/o Jugal Kishor, R/o Village- Chotaki Nawada, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Excise Case No. 1536 of 2017, P.R. No. 113 of 2017 registered under Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

15.750 litres of foreign liquor is said to have been recovered each from possession of the petitioners, namely, Ganga Kumar Paswan and Upendra Kumar kept in the gunny bag. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. As a matter of fact, the

Patna High Court Cr.Misc. No.59313 of 2017 (5) dt.24-01-2018 2/2 aforesaid liquor was recovered from gunny bag kept at the road side and the petitioners were apprehended by the police on suspicion while they were passing through the road. They have no criminal antecedent. They have been languishing in custody since 28.09.2017.

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 Special Judge (Excise), Kaimur, Bhabhua in connection with Excise Case No. 1536 of 2017, P.R. No. 113 of 2017.

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