Patna High CourtCR. MISC./27354/2018bail granted

Krishna Kumar Chaurasiya And ANR v. The State Of Bihar

2018-05-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27354 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -HISUA District- NAWADA ======================================================

1. Krishna Kumar Chaurasiya, S/o Shivajee Prasad Chaurasiya @ Shivjee Chaurasiya, R/o Vill.- Raghunathpur, P.S.- Raghunathpur, Distt.- Siwan, State- Bihar.

2. Binod Ravidas S/o Bikram Bahadur, R/o Vill.- Gidhi, P.S.- Gidhi, District- Hazaribagh, State- Jharkhand. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

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

38.250 liters of foreign liquor is said to have been recovered from the Indigo car and the petitioners sitting in the said car 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 concern either with the seized liquor or vehicle in question. They been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.27354 of 2018 (02) dt.03-05-2018 2/ 2 suspicion while they were passing through the place of occurrence at the time of occurrence and the real culprit managed to escape. They have no criminal antecedent and have been languishing in custody since 29.03.2018.

In the facts and circumstances of the case, 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 A.D.J.-II-cum-Special Judge, Nawada in connection with Hisua P.S. Case No.81 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U