Pintu Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42326 of 2018 ======================================================

1. Pintu Prasad, Son of Late Ram Bhaju Prasad,

2. Vishal Lal, Son of Late Bhola Lal, Both are resident of Mohalla- Bind Toli, Police Station- Arrah Town in the district of Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 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(a) of the Bihar Prohibition and Excise Act, 2016.

26.100 litres of foreign liquor is said to have been recovered from Anand Kumar Singh who disclosed the name of the petitioners as purchaser of the said liquor. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. He has no concern with the seized liquor. He has been falsely implicated in the case by the apprehended accused Anand Kumar Singh due to

Patna High Court Cr.Misc. No.42326 of 2018 (2) dt.13-07-2018 2/2 animosity. Barring the aforesaid disclosure of Anand Kumar Singh, there is nothing in the record indicating the complicity of the petitioners in the occurrence. They were not apprehended on the spot. They have no criminal antecedent. They have been languishing in custody since 08.06.2018.

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 4th Addl. Sessions Judge cum Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 959 of 2018 arising out of Ara Town P.S. Case No. 319 of 2018.

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