Patna High CourtCR. MISC./49169/2018bail granted

Nitish Kumar And ANR v. The State Of Bihar

2018-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49169 of 2018 Arising Out of PS.Case No. -312 Year- 2018 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Nitish Kumar, Son of Harendra Rai @ Devendra Rai,

2. Chhotu Rai @ Bachhe Rai @ Chhotu Rai @ Bachha Rai, S/o Gouri Rai, Both resident of Village- Naya Tola, Raghopur, P.S.- Bakhtiyarpur, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

20 litres of country made liquor is said to have been recovered from the joint possession of the petitioners and the petitioners were apprehended.

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

Patna High Court Cr.Misc. No.49169 of 2018 (2) dt.10-08-2018 2/2 in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 13.06.2018. 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 Special Judge, Excise, Patna in connection with Bakhtiyarpur P.S. Case No. 312 of 2018.

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