Najmulla Mian @ Nejam Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4487 of 2019 Arising Out of PS. Case No.-472 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ======================================================

1. Najmulla Mian @ Nejam Mian s/o Late Atiullah Mian Resident of VillageSemra Khas, P.S.- Turkauliya, District- East Champaran.

2. Kanhai Rai s/o Sohan Rai Resident of Village- Semra Khas, P.S.- Turkauliya, District- East Champaran.

3. Madan Paswan s/o Chandrika Paswan Resident of Village- Semra Khas, P.S.- Turkauliya, District- East Champaran.

4. Dadan Paswan s/o Chandrika Sahani Resident of Village- Semra Khas, P.S.- Turkauliya, District- East Champaran.

5. Rambhu Paswan s/o Chandrika Sahani Resident of Village- Semra Khas, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Excise Case No.472 of 2018 , registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act..

Allegation against the petitioners is about recovery of 175 ltrs. of liquor from the cane field situated behind the house of the petitioners.

Submission of the learned counsel for the petitioners is that nothing has been recovered from his house or from their

Patna High Court Cr.Misc. No.4487 of 2019(2) dt.29-01-2019 2/2 possession as well as they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Jduge cum Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No.472 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T