Upendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35004 of 2018 ======================================================

1. Upendra Kumar, son of Baso Mistiri @ Basudeo Mistri, resident of Hardiya Secttor 1, P.S. Rajauli, District Nawada

2. Manoj Kumar, son of Bhola Rai, resident of Village- Rukanpura, P.S. Fathuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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) (gh) of the Bihar Prohibition and Excise Act, 2016.

136 liters foreign liquor is said to have been recovered from the Saw Mill and the petitioners standing near the aforesaid Saw Mill 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 the place of recovery. They happen to be labourers and were standing at the place of

Patna High Court Cr.Misc. No.35004 of 2018 (2) dt.22-06-2018 - 2 - occurrence at the time of occurrence and have been falsely implicated in this case by the police merely on suspicion while the real culprit managed to escape. They have no criminal antecedent and have been languishing in custody since 17.5.2018. 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 Additional Sessions Judge-II-cum-Special Judge Nawada in connection with Mufassil P.S. Case No. 78 of 2018.

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