Prithavi Nath Kumar Ram @ Prithavi Nath Ram @ Prithavi Nath Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49178 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -TILAUTHU District- SASARAM (ROHTAS) ======================================================

1. Prithavi Nath Kumar Ram @ Prithavi Nath Ram @ Prithavi Nath Kumar S/o Doma Ram @ Doma Rajwar

2. Rajesh Kumar @ Rajesh Ram S/o Mundrika Ram Both residents of village - Nimiyadih, P.S. - Tilauthu, District - Rohtas Sasaram. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act, 2016.

200 litres of country made liquor is said to have been recovered from the bush located towards west of the brick kiln and the petitioners were apprehended from the aforesaid place.

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

Patna High Court Cr.Misc. No.49178 of 2018 (2) dt.10-08-2018 2/2 concern either with the seized liquor or place of recovery. They have been falsely implicated in the case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. They have no criminal antecedent. They have been languishing in custody since 17.06.2018.

Considering the facts aforesaid, 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 District Judge-II cum Special Judge, Excise, Rohtas, Sasaram in connection with Tilaithu P.S. Case No. 20 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T