Rajesh Raut And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52772 of 2018 Arising Out of PS.Case No. -375 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Rajesh Raut, Son of Late Raghunath Raut

2. Chulahai Sah @ Chulhai Saha @ Chulai Saha, son of Ram Adhar Sah @ Ramadhar Saha, both resident of village - Maudah, P.S.-Sahiyara, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres of Nepali saufi wine 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 the conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated

Patna High Court Cr.Misc. No.52772 of 2018 (2) dt.27-08-2018 2/2 in the case by the personnel of Excise department 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 them. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 18.07.2018. 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 A.D.J.-II cum Special Judge, Excise, Sitamarhi in connection with Case No. C2/375/18.

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