Dayakant Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49583 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- PIPRAKOTHI District- East Champaran ======================================================
1. Dayakant Thakur, S/o Late Banti Thakur, R/o + Village- Tenua, P.S.- Kalyanpur, District- East Champaran.
2. Umesh Yadav S/o Rudal Rai, R/o + Vill.- Laxumanwa, P.S.- Kotwa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar For the Opposite Party/s :
Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Piprakothi P.S. Case No. 107 of 2018 registered for the offence punishable under Sections 272, 273, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioners is of recovery of 4395 litres liquor from the possession of petitioners. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. It has been further submitted that 4395 litres liquor was
Patna High Court Cr.Misc. No.49583 of 2018(3) dt.18-09-2018 2/2 recovered from the truck, motorcycle, dalan and half constructed house which does not belong to petitioners. It has been further submitted that houses from where the liquor was recovered their owners have been granted anticipatory bail and other accused persons have been granted bail by this Hon'ble Court vide order dated 06.09.2018 passed in Cr. Misc. No. 53052 of 2018. They have no criminal antecedent and are in custody since 14.06.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VIIth cum Special Judge, Excise, East Champaran at Motihari, in connection with Piprakothi P.S. Case No. 107 of 2018.
(S. Kumar, J) veena/- U T