Pawan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22415 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -GURUA District- GAYA ======================================================

1. Pawan Kumar, Son of Ramchandra Paswan, Resident of VillageKalmaldhara, P.S.- Gurua, District- Gaya.

2. Amit Kumar Son of Munarik Paswan, Resident of village- Pabra (Pawra), Police Station- Gurua, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Nikhil, Advocate. Ms. Kriti Singh, Advocate.

Mr. Alok Chandra, Advocate.

For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Gurua P.S. Case No. 45 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

60 litres of country made liquor is said to have been recovered from the joint possession of the petitioners. 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

Patna High Court Cr.Misc. No.22415 of 2018 (2) dt.17-04-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 13.03.2018. Considering the facts aforesaid, 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 Special Judge, Excise, Gaya in connection with Gurua P.S. Case No. 45 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T