Sonu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9733 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- KARJAIN District- Supaul ======================================================

1. Sonu Kumar S/o Ganga Paswan

2. Manoj Paswan S/o Mahendra Paswan Both are residents of Village - Bhim Nagar, P.S. - Birpur, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Karjain P.S. Case no. 7 of 2018 registered under Section 30(A) of the Bihar Excise and Prohibition Act 2016.

261 lts. of Nepali liquor is said to have been recovered from the tempo and its driver namely, Manoj Paswan and one other accused persons namely, Sonu Kumar sitting in the said tempo were apprehended while motorcycle proceeding ahead of the tempo managed to escape.

It is submitted by the learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. Petitioner no. 2 (Manoj Paswan)

Patna High Court Cr.Misc. No.9733 of 2018(2) dt.19-02-2018 2/2 happens to be driver of the said tempo and the person on the motorcycle had loaded the gunny bag on his tempo on freight of Rs. 1000/- and said petitioner had no knowledge of contents of the gunny bag while petitioner no. 2 (Sonu Kumar) is merely commuter of the said tempo and had no knowledge of keeping the liquor in the said tempo. The said incriminating article is hailing to the motorcycle borne person who managed to escape seeing the police force. Though, one case under Excise Act has been lodged against the petitioners but they are on bail in the said case. They have been languishing in custody since 21.01.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Excise, Supaul in connection with Karjain P.S. Case no. 7 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T