Patna High CourtCR. MISC./49005/2018bail granted

Jaleshwar Singh @ Jeleshwar Singh And ANR v. The State Of Bihar

2018-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49005 of 2018 Arising Out of PS.Case No. -222 Year- 2018 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Jaleshwar Singh @ Jeleshwar Singh Son of late Hridya Singh.

2. Pradeep Kumar Singh Son of Jaleshwar Singh @ Jaleshwar Singh Both Resident of Village- Rampur, Police Station- Ara Muffasil, DistrictBhojpur (Ara). .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 Sections 272, 273 and 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

34.920 liters of foreign liquor is said to have been recovered from the house of the petitioners and petitioners and one another accused, namely, Babita Devi 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 with the seized liquor. They have been falsely implicated in this case at the instance of their enemy. The house of the petitioners is

Patna High Court Cr.Misc. No.49005 of 2018 (02) dt.10-08-2018 - 2 - inhabited by their several family members and they had no knowledge of keeping of the said liquor in the house. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 06.07.2018. 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 4th A.D.J.- cum-Special Judge Excise Act, Bhojpur, Ara in connection with Ara Mufassil P.S. Case No. 222 of 2018.

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