Patna High CourtCR. MISC./2199/2018bail granted

Raju Singh And ANR v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2199 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raju Singh, S/o Sakaldeo Singh,

2. Dularchand Sah S/o Bhukhal Rai, Both R/o Village- Semara , P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Kundwa Chainpur P.S. Case no. 162 of 2017 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act-2016.

45 lts. of Nepali wine is said to have been recovered from the possession of the petitioner no. 1 (Raju Singh) and 36 lts from the possession of petitioner no. 2 (Dularchand Sah). It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. Police arrested the petitioners

Patna High Court Cr.Misc. No.2199 of 2018 (2) dt.23-01-2018 2/2 merely on suspicion and got their signatures on the plain paper and thereafter turned into seizure list. The petitioners have no criminal antecedent. The petitioners have been languishing in custody since 07.11.2017.

Considering 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/- each with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cum-Spl. Judge, Excise, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case no. 162 of 2017.

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