Shrawan Pasi @ Shranav Pasi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12799 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -AMAS District- GAYA ======================================================

1. Shrawan Pasi @ Shranav Pasi, S/o Harendra Pasi, R/o Village- Bihta, P.S.- Imadpur, District- Bhojpur.

2. Vikram Pasi @ Vikrama Pasi, S/o Baljit Pasi, R/o Village- Jay Shri, P.S.- Karakat, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

480 litres of spirit is said to have been recovered from the Scorpio and the petitioner no.1 Shrawan Pasi @ Shranav Pasi who is said to be the driver of the vehicle in question and petitioner no.2 Vikram Pasi @ Vikrama Pasi sitting in the said vehicle were apprehended.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.12799 of 2018 (4) dt.27-04-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. Petitioner no.1 does not happen to be driver of the aforesaid vehicle rather he is a student and was regressing from Jharkhand after offering prayer in Rajrappa to appear in the intermediate examination and petitioner no.2 was accompanying petitioner no.1 at that time. They have been falsely implicated in the case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 30.01.2018.

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, Gaya in connection with Amas P.S. Case No. 31 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T