Raja Sah @ Raja Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8128 of 2018 Arising Out of PS.Case No. -246 Year- 2017 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Raja Sah @ Raja Kumar Sah, S/o Ashok Sah,

2. Badal Kumar Mandal S/o Vijay Mandal, Both are R/o MohallaBalughat, Kadirabad (Patel Chowk), P.S.- L.N.M.U., District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with G.O. Case No. 1810 of 2017 arising out of Manigachhi P.S. Case No. 246 of 2017 registered under Sections 30(a), 36, 47 of Bihar Excise Amendment Act -2016.

44.250 liters of foreign liquor is said to have been recovered from Maruti Omni van. Petitioner no. 1 is driver of the van, and petitioner no. 2 was sitting besides him and both were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their

Patna High Court Cr.Misc. No.8128 of 2018 (2) dt.15-02-2018 2/2 conscious physical possession. The petitioners have been falsely implicated in the case and they have no concern either with the aforesaid van or with the seized liquor. They are not having any knowledge about keeping of alleged liquor in the bags under the seat of the vehicle. They have no criminal antecedent. They are languishing in custody since 06.12.2017.

In 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IVth-cum-Special Judge, Darbhanga in connection with G.O. Case No. 1810 of 2017 arising out of Manigachhi P.S. Case No. 246 of 2017.

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