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Patna High CourtCR. MISC./19989/2018bail granted

Jitendra Ray And ANR v. The State Of Bihar

2018-04-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19989 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ======================================================

1. Jitendra Ray,

2. Dharmendra Ray, Both Son of Madan Ray, R/o Village- Matanpura, P.S.- Bhagwanpur Hatt, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Mishra For the Opposite Party/s :

Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Bhagwanpur Hat P.S. Case no. 30 of 2018 registered under Sections 272, 273, 308, 420 of the Indian Penal Code and Sections 30(a), 41(1) of Bihar Prohibition & Excise Act-2016. 5 cartoon of foreign liquor is said to have been recovered from the joint house of the petitioners and petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. They have been falsely

Patna High Court Cr.Misc. No.19989 of 2018(2) dt.11-04-2018 2/2 implicated in the case at the instance of their enemies. They have no concern with the seized liquor. The house from where the aforesaid liquor is said to have been recovered is a joint family house of the petitioner and inhabited by several other family members of the petitioner. Petitioners had no knowledge of keeping the aforesaid liquor in the house. They have no criminal antecedent. They have been languishing in custody since 11.02.2018.

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 A.D.J.-II, Siwan in connection with Bhagwanpur Hat P.S. Case no. 30 of 2018.

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