Rakesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51473 of 2018 Arising Out of PS. Case No.-157 Year-2018 Thana- CHAND District- Bhabhua (Kaimur) ======================================================

1. Rakesh Kumar, S/o Dular Singh, R/o Vill-Gawain Muhalla, Bhabua Ward no. 19, P.S. Bhabua, Distt-Kaimur (Bhabua).

2. Bhanu Kumar, S/o Vijay Singh, R/o Vill-Purana Thana, Bhabua Ward no. 20, P.S. Bhabua, Distt-Kaimur(Bhabua).

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pathak For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Chand P.S. Case no. 157 of 2018 registered under Sections 30(a), 35 and 38 of Bihar Excise and Prohibition Act-2016. 44.500 lts. of foreign liquor and country made liquor is said to have been recovered from the motorcycle and the petitioners sitting on the said motorcycle 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 concern with the seized liquor. They have been falsely implicated in this

Patna High Court Cr.Misc. No.51473 of 2018(2) dt.21-08-2018 2/2 case by the police due to altercation between them as the petitioner had refused to accord motorcycle to them for plying it. There is no compliance of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 21.07.2018.

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, Kaimur at Bhabua in connection with Chand P.S. Case no. 157 of 2018.

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