Jitendra Prasad @ Jitendra Kumar Gupta @ Jitendra Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23636 of 2018 (2) dt.01-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23636 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jitendra Prasad @ Jitendra Kumar Gupta @ Jitendra Kumar, S/o Ajay Prasad,

2. Vijay Kumar @ Jhunnu @ Jhunnu Kumar, Son of Pradeep Das, Both resident of Village- Chhatauni, P.S.- Chhatauni, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Jeet For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

72 litres of country made liquor is said to have been recovered from the joint possession of the petitioners and one Akash Kumar @ Akash Gupta and they were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no

Patna High Court Cr.Misc. No.23636 of 2018 (2) dt.01-05-2018 concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 01.03.2018. 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 4th Addl. District Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Dhaka P.S. Case No. 52 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T