Bhaibhav Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34888 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. Bhaibhav Kumar, aged about 23 years, son of Sri Sidheshwar Prasad, Resident of Chanda, Police Station- Barachati, DistrictGaya, Bihar.

2. Kuldeep Mehta, aged about 40 years, son of Haro Mahto, Resident of Done, Police Station- Padma O.P. Hazaribagh, District- Hazaribagh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Archana Sinha @ Archana Shahi For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Excise Case no. 186 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

81 lts. of foreign liquor is said to have been recovered from a car during course of vehicle checking by the personnel of Excise Department and petitioners were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern

Patna High Court Cr.Misc. No.34888 of 2018(2) dt.22-06-2018 2/2 with the seized liquor. The petitioner no. 1 happens to be owner of the vehicle while petitioner no. 2 is relative of petitioner no.

1. Both the petitioners had arrived at the place of occurrence along with the documents of vehicle on getting information of seizure of the car and falsely implicated in this case by the personnel of Excise Department merely on suspicion while the driver and khalasi of the vehicle, who had transported the vehicle at the time of occurrence managed to escape abandoning the same. They have no criminal antecedent. They have been languishing in custody since 18.05.2018.

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 Special Judge, Excise, Gaya in connection with Excise Case no. 186 of 2018.

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