Shankar Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38281 of 2018 Arising Out of PS. Case No.-273 Year-2018 Thana- KOTWALI District- Patna ======================================================

1. Shankar Kumar, Son of Late Munna Sao, Resident of Ram Krishna Nagar Lalupath, P.S. Ram Krishna Nagar, DistrictPatna.

2. Raju Kumar @ Kaju Kumar, Son of Late Munna Sao, Resident of Lalupath, P.S. Ram Krishna Nagar, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Priyank Deepak For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Kotwali P.S. Case no. 273 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016. 50.70 lts. of country made liquor is said to have been recovered from possession of petitioner Shankar Kumar while 35.30 lts. from petitioner Raju Kumar and they were apprehended.

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

Patna High Court Cr.Misc. No.38281 of 2018(2) dt.02-07-2018 2/2 concern with the seized liquor. They have been falsely implicated in this case by the police merely on suspicion while they were standing at the auto stand to take the auto and the real culprits managed to escape seeing the police party abandoning the aforesaid liquor there. They have no criminal antecedent. They have been languishing in custody since 05.05.2018. 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 Special Judge, Excise, Patna in connection with Kotwali P.S. Case no. 273 of 2018.

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