Kanhaiya Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36037 of 2018 Arising Out of PS.Case No. -174 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================
1. Kanhaiya Kumar Son of Raj Kumar Das R/o- Village- Jetthuli, P.S. Fathua, District- Patna.
2. Pintu Kumar Son of late Ajit Kumar@ Ajit Prasad R/o VillageAlampur, P.S. Didarganj, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Uma Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 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.
117 litres of foreign liquor is said to have been recovered from the Honda City car and the petitioners sitting in the said car 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
Patna High Court Cr.Misc. No.36037 of 2018 (3) dt.11-07-2018 2/2 concern either with the seized liquor or with the vehicle in question. They happen to be simple commuter and were travelling in it taking lift from its driver without knowing keeping of the aforesaid liquor in the said vehicle. Driver of the vehicle managed to escape seeing the police party leaving the aforesaid liquor laden vehicle. They have no criminal antecedent. They have been languishing in custody since 11.05.2018.
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 Special Judge, Excise, Gaya in connection with Excise Case No. 174 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T