Pappu Sada @ Pappu Sadda And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64977 of 2018 Arising Out of PS.Case No. -386 Year- 2018 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Pappu Sada @ Pappu Sadda Son of Bilash Sada, Resident of VillageJhakhra, P.S. Alauli, Distt.-Khagariya

2. Mukesh Kumar Son of Sudhir Sah Resident of Village-Rampur Ward No.7, P.S. Sonbarsha Raj, Distt.-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek bail in Saraiya P.S. Case No. 386/2018 (G.R. No. 1316/18), registered for the offences punishable under Section 272 and 273 of the Indian Penal Code and sections 30(a), 38 and 41 of Bihar Prohibition & Excise Act.

Allegation is recovery of 96.90 litres of foreign liquour from the car of petitioners.

It has been submitted that petitioners have falsely been implicated in this case. They have been arrested by the police on the basis of suspicion. They were going to meet their relative. They have no concern with the seized liquour.

Patna High Court Cr.Misc. No.64977 of 2018 (2) dt.05-11-2018 2/2 Petitioners have no criminal antecedent. They are in custody since 02.09.2018.

Considering the facts aforesaid, the petitioners abovenamed, 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 Special Judge, Excise, Muzaffarpur in connection with Saraiya P.S. Case No. 386/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T