Ram Singh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26822 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- NADI P.S. District- Patna ======================================================

1. Ram Singh Rai, S/o- Dasharath Rai.

2. Arjun Rai, S/o Late Ramdeep Rai @ Ramdwip Ray, Both are resident of Village- Rampur Shyam Chand, P.S.- Raghopur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== 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 connection with Nadi P.S. Case no. 26 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

30 lts. of foreign liquor is said to have been recovered from possession of the petitioners.

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 liquor. They have been falsely implicated in the case at the instance of their enemy. The seizure list does not bear

Patna High Court Cr.Misc. No.26822 of 2018(2) dt.03-05-2018 2/2 the signature of the petitioners. The provision of 100 Cr.P.C. has not been complied at the time of making seizure. They have been languishing in custody since 08.03.2018. 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 Special Judge, Excise, Patna in connection with Nadi P.S. Case no. 26 of 2018.

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