Patna High CourtCR. MISC./54211/2018bail granted

Anand Kumar And ANR v. The State Of Bihar

2018-08-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54211 of 2018 Arising Out of PS.Case No. -335 Year- 2018 Thana -FATUA District- PATNA ======================================================

1. Anand Kumar, S/o Raj Kishor Mahto,

2. Devanti Devi W/o Late Rabindra Mahto, Both R/o Vill.- Govindpur, P.S.- Fatuah, District- Patna.

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Rajesh Shankar Sinha For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 Sections 30 (a), 37(b) of the Bihar Prohibition and Excise Act, 2016.

34 liters of country made liquor is said to have been recovered from the room which is said to be of the petitioners and petitioners and three other accused persons 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 either with the seized liquor or the place of recovery. They have been falsely implicated in this case at the instance of their enemy. There

Patna High Court Cr.Misc. No.54211 of 2018 (02) dt.31-08-2018 - 2 - is violation of Section 100 Cr.P.C. Petitioner no.2 happens to be lady. They have no criminal antecedent and have been languishing in custody since 06.06.2018.

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 Special Judge Excise, Patna in connection with Special Case No. 5221 of 2018, Fatuah P.S. Case No. 335 of 2018.

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