Subodh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23608 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -JANKINAGAR District- PURNIA ======================================================

1. Subodh Kumar, Son of Satrudhan Yadav, Resident of Kasba, Police Station- Trivenganj, District- Supaul.

2. Sanjay Kumar, Son of Late Naresh Pandit, resident of Village- Patori, Police Station- Singeshwar, District Madhepura. .... .... Petitioners.

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 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 and Section 272/273 of the Indian Penal Code.

83.3 liters of foreign liquor is said to have been recovered from the Tata Indigo Car and the said vehicle was seized while its driver managed to escape seeing the police party.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.23608 of 2018 (02) dt.26-04-2018 2/ 2 conscious physical possession of the petitioners. They have been falsely implicated in this case. They have no concern either with the seized liquor or the vehicle in question. They were simple commuters and the driver of the vehicle managed to escape seeing the police party. They have no criminal antecedent and have been languishing in custody since 27.02.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Purnea in connection with Special Case No. (Excise) 192/2018 (arising out of Jankinagar P.S. Case No. 27 of 2018).

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