Patna High CourtCR. MISC./38011/2018allowed

Shivpujan Sao And ANR v. The State Of Bihar

2018-06-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38011 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- IMAMGANJ District- Gaya ======================================================

1. Shivpujan Sao, son of Umesh Sao, resident of village-Gewalganj, P.S. -Imamganj, District-Gaya

2. Dilip Kumar, son of Rajkumar Sao, resident of village-Dhokda, P.S.-Gurua, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Imamganj P.S. Case No. 67 of 2018 for the offence under section 30(a) of the Bihar Excise (Amendment) Act, 2016. Learned counsel for the petitioners submits that petitioners have no criminal antecedent. They have been arrested in connection with seizure of 21 liters of liquor. Learned counsel for the petitioners submits that petitioner no.1 is physically handicapped and in fact petitioners have not committed any offence.

Learned counsel for the petitioners submits that the alleged recovery was not from the conscious possession of the

Patna High Court Cr.Misc. No.38011 of 2018(2) dt.29-06-2018 2/2 petitioners and only on account of suspicion they have been roped in the present case.

Petitioners are in custody since 29.05.2018.

Considering the fact that petitioners have no criminal antecedent and they have remained in custody for one month, let the petitioners, named above, 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 learned Special Judge, Excise (Gaya), in connection with Imamganj P.S. Case No. 67 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T