Tetul Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25012 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -KOILWAR District- BHOJPUR ======================================================
1. Tetul Sahani Son of late Kesho Sahani
2. Mahendra Sahani Son of Late Kanhai Sahani Both are Residents of Village- Banpar Tola, Ward no. 08, Police Station- Koilwar, DistrictBhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Hari Mohan Tripathi, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 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.
40 litres of country made liquor is said to have been recovered from the 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 concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid
Patna High Court Cr.Misc. No.25012 of 2018 (2) dt.01-05-2018 2/2 recovery from their possession. Section 100 of the Cr.P.C. has not been complied with at the time of seizure. They have no criminal antecedent. They have been languishing in custody since 11.02.2018.
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 4th Addl. Sessions Judge, Bhojpur, Ara in connection with Excise Case No. 262 of 2018 arising out of Koilwar P.S. Case No. 59 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T