Patna High CourtCR. MISC./27350/2018bail granted

Bhola Ansari And ANR v. The State Of Bihar

2018-05-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27350 of 2018 Arising Out of PS.Case No. -137 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Ansari, S/o Safik Ansari, 2.Md. Meraj Hussain S/o Jamil Akhtar Hussain, Both R/o Vill.- Bhitgharwa, P.S.- Patahi, District- East Champaran. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner 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.

27 liters of Nepali liquor is said to have been recovered from the possession 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 physical possession of the petitioners. They have been falsely implicated in this case at the instance of their enemy by

Patna High Court Cr.Misc. No.27350 of 2018 (02) dt.03-05-2018 2/ 2 planting the aforesaid recovery from their possession. They have no concern with the seized liquor. They have no criminal antecedent and have been languishing in custody since 20.03.2018.

In the facts and circumstances of the case, 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 Additional Sessions Judge-IV-cum-Special Judge Excise, East Champaran at Motihari in connection with Excise Case No.137 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U