Sudhir Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53178 of 2018 Arising Out of PS.Case No. -337 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Sudhir Singh, S/o Kishori Singh,

2. Kamodh Singh, @ Kamod Singh S/o Jagarnath Singh, both the residents of village Barahi, P.S. Majorganj, District, Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali saufi wine is said to have been recovered from the possession of the petitioners. 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 liquor. They have been falsely implicated

in the case at the instance of their enemies by planting aforesaid recovery from their possession. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 21.06.2018.

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 ADJ II Cum Special Judge, Excise Act, Sitamarhi in connection with Case No. C2/337/18.

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