Munna Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52238 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Munna Kumar, Son of Chhotan Chaudhary,

2. Chunchun Kumar, Son of Kailash Chaudhary, Both Village Phulwariya, P.S. Rajauli, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== 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 connection with Akbarpur P.S. Case no. 149 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

26 lts. of country made liquor is said to have been recovered from motorcycle and 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 case by the police merely on suspicion while they were passing

Patna High Court Cr.Misc. No.52238 of 2018(3) dt.27-08-2018 2/2 through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing the police personnel. They have no criminal antecedent. They have been languishing in custody since 12.06.2018.

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 Addl. District & Sessions Judge-II-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case no. 149 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T