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Patna High CourtCR. MISC./5509/2019bail granted

Balraj And ANR v. The State Of Bihar

2019-01-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5509 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- DUMARIAGHAT District- Darbhanga ======================================================

1. BALRAJ, son of Ruli Ram,

2. Aasha, wife of Balraj, both resident of village- Jhupakhurd, P.S.-Sivani, District- Bhivani (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashishek Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Dumariyaghat P.S. Case No.209 of 2018 instituted for the offence under Section(s) 272, 273/34 Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

In the written report, it is alleged that total 352 litres foreign liquor has been recovered from the dickey and beneath the seat of the vehicle. The petitioners along with Mukesh Kumar Yadav were found sitting in the aforesaid vehicle. Counsel for the petitioners submits that both petitioners are husband and wife. They were passengers in that vehicle. The police has described petitioner No.1 as driver of the

Patna High Court Cr.Misc. No.5509 of 2019(2) dt.31-01-2019 2/2 vehicle.

Petitioners are in custody since 08.12.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released 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 7th Additional Sessions Judge cum Special Judge, Excise, Motihari, in connection with Dumariyaghat P.S. Case No.209 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) J. Alam/- U T