Subhash And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7465 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ======================================================
1. Subhash, aged about 48 years, Male, Son of Banarsi, Resident of villageSanichari Bazar, P.S.-Anand Nagar (Farinda), district Maharajganj, UP
2. Rahul @ Rahul Singh, aged about 30 years, Male, Son of Bharat Singh, Resident of village-Sahiyal, P.S.-Sahiyal, District-Oraiya, (U.P) ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Dhramveer, Adv.
For the Opposite Party :
Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.
The petitioners are languishing in judicial custody since 13.12.2018 in connection with Kuchaikot P.S. Case No. 373 of 2018 for the offences alleged under Sections 30(a)(b)(c), 38 and 41(a)(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information while checking vehicle a truck was stopped and on search of the vehicle 751 liters illicit liquor was recovered.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. However, the learned Additional Public Prosecutor for
Patna High Court Cr.Misc. No.7465 of 2019(2) dt.11-02-2019 2/2 the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioners, above named be released on bail, on completion of three months in custody, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Kuchaikot P.S. Case No. 373 of 2018 to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Gopalganj.
(Nilu Agrawal, J) Shamshad/- U T