Anuj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49992 of 2018 Arising Out of PS.Case No. -346 Year- 2018 Thana -SHERGHATI District- GAYA ======================================================

1. Anuj Kumar, S/o Umesh Yadav,

2. Ramprit Kumar S/o Madan Yadav, Both R/o Vill.- Aurwadohar, P.S.- Dobhi, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dayanand Singh For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

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

50 Kg. of Mahua flower is said to have been recovered from the motorcycle of the each of the petitioners and they 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 article. They have been falsely implicated

Patna High Court Cr.Misc. No.49992 of 2018 (2) dt.14-08-2018 2/2 in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. Real culprit managed to escape leaving the aforesaid article there seeing the police personnel. There is violation of Section 100 Cr.P.C. They have no criminal antecedent and have been languishing in custody since 23.06.2018.

In the facts and circumstances of the case, 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 Court of Special Judge Excise Act, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 346 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T