Patna High CourtCR. MISC./2988/2019allowed

Deepak Kumar And ANR v. The State Of Bihar

2019-01-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2988 of 2019 Arising Out of PS. Case No.-445 Year-2018 Thana- ROSERA District- Samastipur ======================================================

1. Deepak Kumar and Anr Dev Narayan Mahto Resident of village- Pat Para, P.S- Bibhutipur, Distt- Samastippur.

2. Ram Dayal Mahto Late Laxmi Mahto Resident of Village- Bachhoili, P.s. Khanpur, dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-01-2019 Heard learned counsel for the petitioners and the State.

The petitioners are in custody in connection with Rosera P.S. Case No. 445 of 2018 for the offence 30 (a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent. He further submits that nothing has been recovered from the possession of the petitioners. From the seizure list it would appear that 4796 bottle English Wine was recovered from the Bolero Vehicle. He further submits that petitioners have no concern with recovered foreign liquor at all.

Considering the fact that the petitioners have no

Patna High Court Cr.Misc. No.2988 of 2019(2) dt.23-01-2019 2/2 criminal antecedent and they are in custody since 02.12.2018, let the petitioners, named above are directed to be released on bail on furnishing bail bond of Rs.10000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge Cum Spl. Judge Excise Samastipur in connection with Rosera P.S. Case No. 445 of 2018 subject to the conditions that for each petitioner one of the bailor should be elected representative of the local body. (Anil Kumar Upadhyay, J) T.Kr./- U T