Suman Kumar Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62178 of 2018 Arising Out of PS. Case No.-235 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Suman Kumar Poddar S/o Hari Poddar resident of VillageDewariya, Ward No. 05, P.S. & District Araria.

2. Parwej Alam S/o Abdul Matin resident of Village- Bangama Ward No. 09, P.S. & District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Mr. Abhijeet Gautam, Mr. Vijay Kishore, Advocates For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for offences punishable under Section 30(a)/38(i) of the Bihar Prohibition and Excise Act, 2016 and under Sections 272 and 273 of the IPC.

It is contended that, as per allegation, 86.4 litres of foreign liquor was recovered from a car which was being boarded by four persons. However, owner of the aforesaid car and one more accused person managed to escape after seeing the police party. It is further contended that petitioners have falsely been implicated in this case only on the basis of

Patna High Court Cr.Misc. No.62178 of 2018(2) dt.08-10-2018 2/2 suspicion. It is urged that petitioners have no connection with the alleged recovered wine as they have no knowledge that illegal liquor was kept in the car. Petitioners claim that they are having clean antecedent and are in custody since 10.08.2018. Having regard to the facts and the circumstances of the case, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 2nd Addl. District & Sessions Judge - cumSpecial Judge, Araria in connection with Excise Spl. Case No. 940/18 arising out of Jokihat P.S. Case No. 235/2018. Further, if the petitioners, after their release in this case, are again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Sanjay/- U T