Bijendra Sapera And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2774 of 2018 (2) dt.24-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2774 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -AUNGARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bijendra Sapera, Son of Late Ramjani Sapera

2. Pappu Sapera, Son of Late Bhutali Sapera Both are Resident of VillageGauchhi Chak P.S. Anugari (Pirbigh) District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== 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 connection with Aungari (Pirbigha) P.S. Case No. 68 of 2017 registered under Sections 270, 290/34 of the Indian Penal Code and 30(A) of Bihar Prohibition Excise Act-2016.

As per prosecution case, seven other accused persons were indulged in brewing the liquor at Bathani located at Gauchhi Chak and seeing the police party, 22 accused persons including the petitioners managed to escape and on search 5.00 lts. country made liquor, some instrument meant for brewing the liquor and 250 lts. raw materials were seized.

Patna High Court Cr.Misc. No.2774 of 2018 (2) dt.24-01-2018 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. The petitioners were not apprehended at the spot. They have neither concern with the seized liquor nor alleged business of brewing the liquor. They have been falsely implicated in the case at the instance of their enemies. They have no criminal antecedent. The petitioners have been languishing in custody since 29.11.2017. 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 VIth Session Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Aungari (Pirbigha) P.S. Case no. 68 of 2017.

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