Pankaj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21292 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ======================================================

1. Pankaj Kumar, Son of- Rajpati Prasad, Resident of VillageMusnapar, P.S.- Gauri Chak, District- Patna.

2. Rupak Gupta, Son of- Jaglal Sah, R/o- Choti Kalyani, P.S.- Motijheel, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with G.O. Case no. 61 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

32 lts. of spirit is said to have been recovered from beneath the seat of the petitioner Pankaj Kumar while 10 lts. from beneath the seat of petitioner Rupak Gupta in a bus. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized spirit. They were travelling in the bus being

Patna High Court Cr.Misc. No.21292 of 2018(2) dt.16-04-2018 2/2 unaware of keeping of the spirit beneath their seats. They have been falsely implicated in the case merely on suspicion. They have no criminal antecedent. They have been languishing in custody since 04.02.2018.

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 A.D.J. II-cum-Special Judge, Nawada in connection with G.O. Case no. 61 of 2018.

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