Shankar Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7339 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================

1. Shankar Das S/o Late Sarnam Das Resident of Village Panagardh, P.S. Kaksa, District Bardhman, West Bangal.

2. Gautam Kumar @ Gautam Kumar Yadav S/o Uma Shankar Rai Resident of Village Dumraon, Mohalla Nandan, P.S. Dumraon, District Buxar. .... .... Petitioners

Versus

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

For the Petitioners : Smt. Anuradha Singh, Advocate.

For the Opposite Party : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Heard both sides.

The petitioners seek bail in Excise Case No. 43 of 2014, registered for the offence punishable under Section 47A of the Excise Act.

The petitioners are driver and assistant driver of vehicle bearing registration no. WB 37B 8086 tanker from which 19, 8000 liters of spirit was recovered.

Learned counsel for the petitioners submits that the petitioner was carrying the spirit on a valid paper Annexure-2. The sales tax and invoices were also annexed as Annexure-3. The petitioner is in jail since 15.10.2014.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.7339 of 2015 (2) dt.20-04-2015 2/2 petitioners have already remained in jail for more than six months, the petitioners above named 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 Smt. Ranjula Bharti, the learned Judicial Magistrate 1st Class, Samastipur in connection with Excise Case No. 43 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T