Daniyal Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70598 of 2019 Arising Out of PS. Case No.-473 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Daniyal Marandi, Son of Subhan Marandi @ Subhan Mardi @ Suban Marandi Resident of Village - Ghuramani (Bharamani), P.S.- Chakulia, District - Uttar Dinapur (W.B.) 2.

Bablu Sahni Son of Mangalu Sahni Resident of Village - Ghuramani (Bharamani), P.S.- Chakulia, District - Uttar Dinapur (W.B.) ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amal Kumar Sinha For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 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.

15 liters of country made liquor is said to have been recovered from the cycle of the each of the petitioners and they 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 in this

Patna High Court CR. MISC. No.70598 of 2019(2) dt.04-12-2019 2/2 case at the instance of their enemy by planting the aforesaid recovery from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 16.09.2019.

Learned APP for the State opposed the bail petition.

In the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge Excise, Kishanganj in connection with Kishanganj P.S. Case No. 473 of 2019.

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