Patna High CourtCR. MISC./41391/2018bail granted

Ganesh Choudhary And ANR v. The State Of Bihar

2018-07-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41391 of 2018 Arising Out of PS.Case No. -278 Year- 2018 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Ganesh Choudhary, Son of Shankar Choudhary

2. Mahesh Choudhary, Son of Shankar Choudhary Both residents of village - Barsoni Kumhar Toli, P.S.-Sadar, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== 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.

8.970 litres of foreign liquor is said to have been recovered from the place adjacent to the hut of the petitioners and the petitioners were apprehended in the course of escaping from the aforesaid place.

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 either with the seized liquor or with the place of recovery.

Patna High Court Cr.Misc. No.41391 of 2018 (2) dt.11-07-2018 2/2 They have been falsely implicated in the case by the police at the instance of their enemies. Though two more cases have been lodged against petitioner no.1 and one case against petitioner no.2, but they are on bail in the aforesaid cases. They have been languishing in custody since 04.06.2018.

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 2nd Addl. Sessions Judge cum Special Judge, Excise, Purnea in connection with Sadar P.S. Case No. 278 of 2018, Special Case No. 543 of 2018.

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