Gauraw Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46270 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ======================================================

1. Gauraw Kumar, Son of Mukesh Kumar,

2. Dipak Kumar, Son of Kaushal Sharma, Both resident of VillageNijamuddinpur, P.S.- Town, District- Jahanabad, at present residing at Mehta Niwas, Patliputra Colony, P.S.- Patliputra, District- Patna(Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Sri Krishnapuri P.S. Case no. 154 of 2018 registered under Sections 39(A), 38(1) of Bihar Excise and Prohibition Act-2016. 24 lts. of foreign liquor is said to have been recovered from tenanted room of the petitioners and they were apprehended while other accused persons managed to escape. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the aforesaid

Patna High Court Cr.Misc. No.46270 of 2018(2) dt.31-07-2018 2/2 tenanted room. The aforesaid tenanted room has been let out to one Rupesh Kumar and petitioners have been falsely implicated in this case by the police merely on suspicion while they had paid visit to said Rupesh Kumar at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 21.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Patna in connection with Sri Krishnapuri P.S. Case no. 154 of 2018.

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