Patna High CourtCR. MISC./34210/2018bail granted

Jhapas Mukhiya And ANR v. The State Of Bihar

2018-06-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34210 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jhapas Mukhiya, Son of Late Khakhan Mukhiya,

2. Mohan Kumar, son of Lalbabu Mukhiya, Both are resident of VillageJhauaram, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

48 litres of Nepali saufi wine 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 no concern with the seized liquor. They have been falsely implicated

Patna High Court Cr.Misc. No.34210 of 2018 (2) dt.20-06-2018 2/2 in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent and have been languishing in custody since 29.04.2018. 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 Addl. Sessions Judge-IV cum Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 195 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T