Lalu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26737 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- GARAUL District- Vaishali ======================================================

1. Lalu Sah, Son of Ramashish Sah,

2. Raju Kumar, Son of Lalu Sah, Both the Residents of At VillageKatarmala, P.O.- Katarmala, P.S. Goraul, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Indra Kumar Singh, APP 174 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in connection with Goraul P.S. Case No. 47 of 2018 registered under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016. 42.480 liters of foreign liquor is said to have been recovered from the house of the petitioners and the petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of his enemies by planting

Patna High Court Cr.Misc. No.26737 of 2018(2) dt.03-05-2018 2/2 aforesaid recovery from their possession. The house of the petitioners is inhabited by several family members and they had no knowledge of keeping of the aforesaid liquor in the said house. They have no criminal antecedent. They have been languishing in custody since 28.02.2018.

Considering the facts, aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Goraul P.S. Case No. 47 of 2018 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Vaishali at Hajipur.

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