Dhanwa Murmu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30692 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Dhanwa Murmu, S/o Chunnu Murmu,
2. Ram Lal Hembram S/o Matal Hembram, Both are R/o Vill.- Prasadpur, Beldali, P.S.- K. Nagar (Champa Nagar), District- Purnea. .... .... Petitioners/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with K. Nagar (Champa Nagar) P.S. Case No. 42 of 2018, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) & 37 (c) of Excise Act, 2016.
Allegation is of recovery of 10 litres of country made liquor.
It has been submitted on behalf of the petitioners that nothing has been recovered from the conscious possession of the petitioners rather the recovery was made from an open maize field, which is evident from the seizure list itself and petitioners have
Patna High Court Cr.Misc. No.30692 of 2018 (2) dt.04-06-2018 2/2 been named by the chaukidar and except that there is nothing against the petitioners and they have falsely been made accused in this case.
Considering the facts and circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with K. Nagar (Champa Nagar) P.S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) sunil/- U T