Patna High CourtCR. MISC./21845/2018bail granted

Shashi Kumar And ANR v. The State Of Bihar

2018-04-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21845 of 2018 Arising Out of PS.Case No. -173 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Shashi Kumar, S/o Ramdas Paswan,

2. Sonu Kumar @ Vishwakarma, S/o Parmeshwar Shaw, Both are R/o Sarai Aakhara, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Special Case No. 1589 of 2018 arising out of Bihta P.S. Case No. 173 of 2018 registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

17.250 litres of foreign liquor is said to have been recovered from the motorcycle of the petitioners and the petitioners 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.21845 of 2018 (2) dt.17-04-2018 2/2 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 motorcycle. They have no criminal antecedent and have been languishing in custody since 21.02.2018. 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 Act, Patna in connection with Special Case No. 1589 of 2018 arising out of Bihta P.S. Case No. 173 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T